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An East Brunswick woman who was injured after the vehicle she was riding in was rear-ended by a tow truck agreed to a $1.5 million settlement in her Middlesex County case, David v. Puleio's Service Center, on March 11, one week before it was scheduled to go to trial.

Frank M. Ciuffani, a retired Middlesex County Superior Court judge with Wilentz, Goldman & Spitzer in Woodbridge, mediated the case.

The plaintiff, Michelle David, now 37, was a passenger in a silver 2012 Mazda CX-7 being driven by her husband, Jose David, on Feb. 26, 2016.

The Mazda was heading south along Route 1 when it stopped for a traffic light at the intersection of North Oaks Boulevard in North Brunswick, according to the police report. It was at the light that the Davids' vehicle was struck from behind by a red tow truck owned by Puleio's Service Center of North Brunswick, according to the report.

The injuries from the collision left David, then 33 years old and from East Brunswick, with residual pain from a neck surgery, and lower back issues and shoulder issues, according to her attorney, Brett Greiner of Levinson Axelrod in Edison.

John Goworek of Hendrzak and Lloyd in Parsippany represented Puleio's Service Center. Goworek declined to comment.

After the accident, David was taken to Robert Wood Johnson University Hospital in New Brunswick for treatment. X-rays revealed she suffered injuries to her neck requiring surgery to insert an artificial disc, as well as arthroscopic surgeries to address damage to both her left and right shoulders, according to Greiner.

David later returned to work full time as a surgical nurse at the Hospital for Special Surgery in New York City, which had continued to pay her salary while she was out recovering from the accident, Greiner noted. Although she was able to return to work, Greiner said David still has some pain and limitations to the injured parts of her body.

Zurich Insurance Co. paid out the entire $1.5 million settlement, according to Greiner.

"It was fair under the prevailing circumstances," Greiner said in a phone call. "The client was made whole for her pain and suffering insofar as monetary compensation can do that. "

He noted, "She [David] was a passenger. She could do no wrong. Her husband was operating her car."

— Suzette Parmley

$745K in Morris Dram Shop Case

Mergott v. Michaels: A woman who suffered a traumatic brain injury in a motorcycle crash has accepted $745,000 to settle her Morris County dram shop suit.

Dakota Mergott, 27, was riding on a motorcycle operated by Craig Michaels on Aug. 1, 2018, when Michaels lost control, ran off the road and struck a guardrail on Berkshire Valley Road in Jefferson Township. Michaels was issued citations for operating while intoxicated, reckless operation and failing to maintain a lane of travel, according to Mergott's lawyer, Christopher Musmanno of Einhorn, Barbarito, Frost & Botwinick in Denville

Mergott was ejected from the motorcycle and was thrown 30 feet into a rock wall. As a result of the brain injury she sustained, Mergott suffered severe cognitive and linguistic deficits and amnesia. She also sustained a lacerated liver, multiple fractured vertebrae, herniated discs, fractured ribs and a lacerated scalp, Musmanno said.

Before the accident, Michaels visited Jimmy Geez North Bar in Oak Ridge, where he was served alcoholic beverages despite being visibly intoxicated, according to Musmanno.

Mergott was hospitalized for 15 days after the accident, then spent another 15 days in a rehabilitation facility. She is left with an abnormal gait as a result of her injuries and is at risk to develop premature osteoarthritis of the hip, which will necessitate reconstructive procedures at a young age, one of her doctors said in an expert report. Another medical expert said Mergott needs daily supervision because of her cognitive and physical defects, and requires aggressive treatment of her cognitive deficits and psychological distress.

Mergott sued Michaels and Jimmy Geez. In December 2018, Michaels agreed to pay $245,000 from his $250,000 policy with Liberty Mutual. Payment was received later that same month.

In December 2019, Jimmy Geez agreed to pay $500,000 from its $1 million policy with Admiral insurance Group. Payment was made that same month.

Linton Turner Jr. of Turner, O'Mara, Donnelly & Petrycki in Cherry Hill, representing Jimmy Geez, declined to comment on the settlement.

Raymond Kramkowski of Viscomi & Lyons in Morristown, who represented Michaels, didn't respond to a request for comment.

— Charles Toutant