An airport baggage handler who sustained back injuries and was rendered unable to return to work in an accident involving baggage-hauling equipment was paid a $3.4 million settlement in her Essex County lawsuit, Borga v. Omni-Serv LLC, on April 2.

On Feb. 15, 2015, plaintiff Margaret Borga, then 55, was working as a "ramp agent" for United Airlines, responsible for helping move oversized bags to be hauled by "tugs" from a baggage room under the terminal to the planes, after which employees of Omni-Serv were responsible for returning the emptied tugs to the baggage room. While Borga was sitting in a tug waiting for luggage in the baggage room, Omni-Serv employee Mackenson Jean was driving a tug and attempted to pass Borga's tug. A cart Jean was pulling then struck Borga's tug, according to her lawyer, William Bock of Gill & Chamas in Woodbridge.

Borga claimed she experienced immediate back pain in the collision, and underwent a two-level laminectomy and decompression at the lumbar level, which resulted in complications, Bock said. She continued to have pain and limb numbness, and later underwent a two-level fusion and revision surgery, and was forced to retire, he said.

Defendants Omni-Serv and Jean disputed causation, contending that Borga had a preexisting lumbar condition, and contended that the impact occurred at a low speed. Borga in turn disputed the defendants' accident reconstruction, Bock said.

The case settled on Feb. 20, during expert depositions. The sum was paid on April 2, Bock said. The court was advised on May 8 of the settlement, according to electronic court records.

Andrew Mundo of Lynch Daskal Emery in New York, for the defendants, didn't respond to a call and email about the case.

There is a pending motion for an award of counsel fees on a net recovery in excess of $3 million in the case based on Rule 1:21-7, the records showed.

— David Gialanella

$650K For Ambulance Crash in Monmouth

Feld v. Quality Medical Transport: A motorist who sustained back injuries when he was rear-ended by an ambulance settled his Monmouth County lawsuit for $650,000 on June 9.

According to plaintiff Peter Feld's attorney, Richard Lomurro, the case settled prior to being listed for trial, and was mediated by retired judge Dennis O'Brien. Defendant Quality Medical Transport agreed to pay $650,000 to settle the claims a week after a full day of mediation, according to Lomurro, of the Lomurro Law Firm in Freehold. The mediation was handled virtually due to COVID safety restrictions.

Feld suffered several herniated discs when the ambulance, owned by Quality Medical Transport and driven by employee Lawrence Sears, slammed into the back of his car, which he had stopped because of a deer in the road as he was driving on Siloam Road in Freehold on Jan. 28, 2017, according to documents and Lomurro. Feld's doctor said he may require additional surgeries, Lomurro said.

"Peter Feld's life changed when an ambulance driven by the defendant smashed into his stopped car from behind. As a result of the crash, Peter suffered herniated discs," Feld's mediation statement said. "Years of intense treatment, including a three-level cervical fusion, have not helped. He remains in pain and discomfort every single day. He was only 50 years old at the time of the crash. Now at 53, despite every effort possible, he remains in debilitating pain each and every day."

According to the mediation statement, Feld's pain is worsening and it is so bad that he can barely walk.

Lomurro said the major dispute between the parties was the extent of aggravation versus new injury from the accident, since Feld had existing back issues. He also said the lack of in-person proceedings was not a barrier.

"Virtual mediation was crucial, as Peter lost his job, like many others, due to COVID," Lomurro said. "We knew we had to step it up, crisis or not, and get him justice without sacrificing value, which is exactly what we did. Our team met virtually, hours at a time, putting together a top-notch mediation brochure and prepping our client. On the day of mediation … it paid off."

He added, "The obstacle of time going by without treatment was a challenge. Pete went a year after the accident without major problems. We had three expert reports and top-notch medical visuals to explain exactly how the injury was related to the accident. This was initially viewed by many as a low-six-figure case at best with substantial risks. In the end, we overcame those obstacles."

Dennis Marconi of Barnaba & Marconi, attorney for the defendants, did not return a call seeking comment.

— P.J. D'Annunzio