A pedestrian who suffered multiple fractures when he was hit by a vehicle while crossing a street in Jersey City agreed to a $675,000 settlement in his Hudson County suit, Rojas v. Openner, in February.

Jose Rojas, now 33, was crossing Barrow Street in a crosswalk on Nov. 19, 2018, when he was struck and knocked down by a vehicle, driven by Guido Openner and owned by Daklapak USA of Moonachie, that was turning left onto Barrow from York Street, said Joseph Marabondo of Eichen, Crutchlow & Zaslow in Edison, who represented the plaintiff with the firm's Barry Eichen. Rojas claimed Openner disregarded a stop sign, although Openner disputed that claim and said Rojas walked into the path of his vehicle, also contending that lighting in the area made it difficult for him to see the pedestrian, according to Marabondo.

Rojas suffered fractures of the right lower leg and right ankle, and was required to undergo two open reduction and internal fixation surgeries. He is left with a visible limp that is expected to be permanent, Marabondo said.

The case settled Feb. 3, with Openner and Daklapak agreeing jointly to pay the $675,000. The settlement was reached shortly before the case was set for trial, following a second mediation with former Superior Court Judge Raymond Reddin of Hall Booth Smith in Saddle Brook. Payment was made approximately two weeks later, according to Marabondo.

Dennis Loffredo of the Law Office of Linda Baumann in East Windsor represented the defendants. He declined to comment on the case.

— Charles Toutant

$665K for Test Drive Accident

Castellanos v. JAB Automotive LLC: A woman who claimed she sustained a neck injury in a used car test drive mishap was paid a $665,000 settlement in her Middlesex County suit on March 17.

On June 15, 2016, Sabrina Castellanos, then 34, was test-driving a used sedan owned by dealership JAB Automotive, doing business as JD Byrider, on Route 9 in Old Bridge when the hood of the vehicle flew open. The hood struck the windshield, causing Castellanos' head to snap back and the rear-view mirror to strike her head, according to her attorney, Nehal Modi of the Haddad Law Firm in Woodbridge.

Castellanos was able to slow the vehicle to a stop without any collisions, Modi noted.

The suit claimed the defendants negligently allowed the hood to be unlatched when the test drive began. The suit named the dealership and Fabienne Hansen, a dealership employee who was riding in the passenger's seat during Castellanos' test drive, Modi said.

Castellanos later underwent a one-level cervical fusion in 2018. She worked as a masseuse and stopped working because of the injury, and had not returned to work as of the settlement date, Modi said.

The parties were in discovery and had submitted expert reports when they settled for $665,000 on Feb. 28. The sum was paid March 17. The defendants were covered by Universal Underwriters Insurance Co.

John Goworek of Hendrzak & Lloyd in Parsippany, who represented the defendants, declined to comment on the settlement.

— David Gialanella

No Cause in Camden Auto Case

Mendez v. Naddeo: A Camden County jury returned a defense verdict in a damages trial in the case of a motorist struck from behind on Jan. 22.

According to counsel, on Aug. 25, 2016, plaintiff Jamey Mendez, 36, a prison guard, was driving on Berlin Road, near its intersection at Browning Lane, in Cherry Hill. While he was stopped, his sport utility vehicle was rear-ended by a car driven by Henry Naddeo. Mendez sued Naddeo. The lawsuit alleged that Naddeo was negligent in the operation of his vehicle. Defense counsel conceded liability. The trial addressed damages.

Mendez claimed that he suffered injuries of his back and neck. Mendez was ultimately diagnosed with a herniation of his C5-6 intervertebral disc, and bulges of his C3-4, C6-7, L1-2, L2-3, L3-4, L4-5 and L5-S1 discs. He was treated by a chiropractor. Mendez's treating orthopedist opined that Mendez suffered permanent injuries to his cervical spine. Mendez testified that he continues to suffer neck stiffness and soreness. A weight lifter, he claimed that he had to stop weight lifting for a few months post-accident, and that when he finally resumed it he was unable to lift the same amount of weight. Additionally, he wakes up each morning with neck stiffness.

The defense questioned the legitimacy of Mr. Mendez's complaints, since Mendez continues to lift significant weights. The defense's expert in orthopedic surgery testified that Mendez's herniation and bulging predated the accident and were degenerative in nature, and that Mendez did not suffer a permanent injury in the accident.

After a two-day trial before Superior Court Judge Michael J. Kassel, the jury on Jan. 22 found by a 6-1 vote that Mendez's injuries were not permanent within the meaning of the verbal threshold.

John L. Aris of Lowenthal & Abrams in Philadelphia represented Mendez and his wife, who lodged a loss-of-consortium claim.

Robert M. Kaplan of Margolis Edelstein in Mount Laurel represented Naddeo.

Editor's Comment: This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.

— Aaron Jenkins, adapted from VerdictSearch reports