In the new norm of virtual proceedings during the coronavirus crisis, an Essex County auto case settled on March 26 during remote mediation.

The case, Crespo v. Dennis settled remotely for $900,000 in mediation with Ned Rosenberg, a retired Essex County judge with Lentz & Gengaro in West Orange.

Plaintiff Brenda Crespo, 69, of Cranford, in Union County, sued defendant Deborah Dennis over an accident in Cranford that she claimed left her with multiple injuries and lingering pain.

The defendant's insurance carrier, GEICO, covered the entire $900,000, according to Crespo's attorney, Andy Statmore of Fredson Statmore Bitterman in Bloomfield.

Bryan Kurtzberg of the Law Offices of Leslie-Anne DeTorres in West Orange represented Dennis. Kurtzberg could not be reached for comment.

On May 14, 2017, Crespo was driving a grey 2007 Saturn Sky westbound on Holly Street in Cranford, according to Statmore and an accident police report. Dennis, then 63, was stopped inside a silver 2006 Volvo S60 at a stop sign on Eastman Street, at the intersection with Holly Street. In addition to a stop sign for traffic on Eastman Street, the intersecting streets of Holly and Eastman also had a flashing red light for traffic on Eastman, and a flashing yellow light for traffic on Holly.

As Crespo's vehicle entered the intersection of Holly and Eastman with the right-of-way, Dennis pulled away from the stop sign and flashing red signal, causing her Volvo to head directly into the path of Crespo's vehicle, according to the police report. Crespo attempted to brake to avoid the collision but was unable, striking Dennis' left passenger door and left rear tire with the front of her vehicle, the report said.

Crespo was taken via ambulance to Overlook Medical Center in Summit for emergency room treatment. She complained of bilateral knee and ankle pain, as well as pain in her ribs, said Statmore. Crespo was ultimately diagnosed with a left patellar fracture; right fourth rib fracture; fracture in right calcaneus; fracture in right fibula; cervical radiculopathy; and aggravation of preexisting cervical herniations.

She underwent open reduction internal fixation surgery to her left patella fracture with hardware, which was ultimately removed in a subsequent surgery. She was later discharged to inpatient rehabilitation and then transferred to a Morristown Medical Center rehab facility. She underwent physical and occupational therapy. With complaints of neck pain, Crespo later underwent fusion surgery, Statmore said. He added that Crespo then continued with outpatient treatment for neck pain, left knee pain and right ankle pain. In total she had three separate surgeries, two to the left knee and a cervical fusion, he said.

"There was a big dispute on the liability," Statmore said by phone. The defense raised the issue of "whether [Crespo] was wearing a seat belt, and that there was a car behind [Crespo] who said she sped in front of him and there was a distance between her car and his."

"In the end, the defendant not only had a stop sign, but also a red flashing light," said Statmore. "My client had a yellow flashing light and the right-of-way. They [defense lawyers] realized they had a pretty big hurdle to get over with that fact pattern."

Statmore said the $900,000 settlement was drawn from two GEICO policies—one for $500,000 and an umbrella policy for $1 million.

"I think it was fair, and my client wanted some closure and she finally got some closure for her family," Statmore said. "Plaintiff still has problems with pain in her neck and knee, and limitations in range of motions. She's got some challenges in getting around."

"She will turn 70 this year," he added.

Statmore noted that the mediation before Rosenberg was his second case settled virtually during the new coronavirus pandemic.