A Newark man was paid a $1.3 million presuit settlement on May 11 after a van that was improperly parked on the street ran over one of his legs, which eventually had to be amputated below the knee due to necrosis.

Plaintiff Dyran Thomas was a 65-year-old retiree on disability for unrelated conditions when the motor vehicle accident occurred on Oct. 5, 2019, in Newark. There was no lawsuit filed by Thomas, and the matter was settled directly with the adjuster from GEICO last month without participation by defense counsel, according to Andrew Statmore and Lance Bitterman of Fredson Statmore Bitterman in Bloomfield, who represented Thomas.

Alejandro Rodriguez of Belleville was listed in the police report as the owner of the silver 2003 Ford van that struck Thomas. Rodriguez, who was insured by GEICO, had a $300,000 auto policy and a $1 million umbrella policy, and the entire policy limits were offered on April 29, leading to the settlement, according to Statmore. The funds were deposited on May 11, he said.

Based on the police report, Thomas was entering his vehicle, which was legally parked near 293 16th St. in Newark, when the silver van that was double-parked in front of a convenience store at the same location began rolling forward toward him.

The driver of the van, identified as Freddy Vaerio-Guzman of Newark, was employed by Rodriguez. Vaerio-Guzman had left the van to run inside the convenience store to purchase something, believing he had put the van in "park," based on the police report. But "when he came back outside, [Vaerio-Guzman] noticed the van he parked had struck a pedestrian," the report said.

The van ended up knocking Thomas to the ground after hitting him. The police report states "the victim stated that he was attempting to get into his vehicle when all of a sudden Vehicle #1 [the van] began to roll toward him, striking him to the ground and running over his left leg and side."

Thomas was taken to University Hospital in Newark, where he was diagnosed with multiple fractures, including a left humerus fracture and a left pilon fracture with a fibular fracture. He was then transferred to Hackensack University Medical Center for surgery. Thomas initially had open reduction internal fixation surgery of the left pilon and left humerus fracture on Oct. 15, 2019, and open reduction internal fixation surgery three days later for the left pilon and fibular fractures.

Thomas was then transferred to Forest Hill Rehabilitation Center in Newark. While recovering from surgery, Statmore said, Thomas' left leg injury was not healing properly and he developed an infection and necrosis of the underlying skin. Thomas underwent below-the-knee amputation at University Medical Center on Dec. 13, 2019. Thomas was later transferred to CareOne in Paramus, where the treating surgeon confirmed that the need for amputation was directly related to the initial crash injury to the left lower leg, according to Statmore.

"That surgeon wrote a letter confirming causality, which we presented to GEICO," Statmore said in a phone interview.

Thomas has since been fitted with a prosthesis for the amputated leg and is living at home in Newark. He is currently undergoing additional outpatient rehabilitation and pain management treatments, according to his attorneys.

"Mr. Thomas is severely hampered," Statmore said. "He got a prosthetic and is learning to use it. He is undergoing rehabilitation and pain management to learn to live with the prosthetic."

"We got the full insurance policy limits," added Statmore. "While the case had potentially more value, the client was satisfied with the amount. The possibility of recovery against the insured wasn't something the client wanted to pursue."

GEICO confirmed the settlement amount and payment date.