A truck driver who sustained spinal injuries and has experienced post-traumatic stress disorder following a crash on the New Jersey Turnpike agreed to a $1.1 million settlement in his Union County suit, Smyth v. Cruz, on June 26.

Philip Smyth of Meriden, Connecticut, a driver for United Parcel Service, was headed north on the Turnpike in Newark on Oct. 24, 2017, when his truck collided with another truck, driven by Jose Cruz and owned by Brunozzi Transfer Truck Rental of Vineland. Cruz, who was killed in the crash, was driving in the right lane when he apparently noticed that vehicles lining up on an exit ramp were causing traffic in his lane to stop, said John Molinari of Blume Forte Fried Zerres & Molinari in Chatham, who represented Smyth. Cruz's vehicle swerved to the left, striking the right side door of Smyth's tractor trailer, which was in the center lane, nearly causing the truck to flip over. Cruz then hit the rear of another tractor trailer in front of Smyth's, according to Molinari.

Cruz, who was apparently not wearing a seat belt, was ejected onto the roadway, and was run over by the rear wheels of his own truck, which severed his body at the waist, Molinari said. Meanwhile, Smyth stopped and got out of his vehicle, and saw Cruz's body, which contributed to Smyth's PTSD, Molinari said, noting that the entire incident was captured on a video taken by a person in another vehicle.

Smyth, now 60, underwent a successful two-level anterior cervical fusion after the crash, but was declared disabled due to the PTSD, according to Molinari.

Smyth sued Cruz and Brunozzi Transfer. The defendants eventually stipulated to liability. The $1.1 million settlement was reached June 26 in mediation with Mark Epstein, a former Superior Court judge who is now with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick.

Cruz and Brunozzi Transfer were represented by Dawn Jennings of Salmon, Ricchezza, Singer & Turchi in Philadelphia. She did not return a call about the case.

— Charles Toutant

$297,500 Pedestrian Case in Morris

Moreno v. Soto: A man who sustained spinal injuries when he was struck by a motorist while crossing the street in Dover settled his Morris County suit for $297,500 on April 20.

According to counsel, on April 6, 2018, plaintiff Jose Moreno Sr., 62, was walking in a crosswalk on South Morris Street, at its intersection with East Blackwell Street, in Dover. A pickup truck making a left turn from East Blackwell Street onto South Morris Street struck him. Moreno claimed the driver, Angel Soto, was negligent in being distracted by a road closure and failing to observe Moreno. Soto did not stipulate to or contest liability.

Moreno was ultimately diagnosed with a triquetral fracture of the right hand, of his nondominant arm; a right distal fracture; herniations at lumbar intervertebral discs L4-5 and L5-S1; lumbar radiculopathy; a protrusion and stenosis at C3-4; and a right medial meniscus tear. He underwent physical therapy and chiropractic care for his neck, back and right knee. He received a steroid injection in his right knee and an epidural injection in his lumbar spine. He underwent a right knee arthroscopy and an anterior cervical discectomy and fusion at C6-7. Moreno claimed he suffered permanent injuries to his right knee, and cervical and lumbar spine. The suit sought more than $22,000 in lost wages, and damages for past and future pain and suffering. His wife sought damages for her claim for loss of consortium.

The defense attributed Moreno's spinal and knee injuries to preexisting degenerative conditions that were not aggravated by the accident.

The parties negotiated a pretrial settlement. Soto's insurer, State Farm Insurance Co., tendered its primary policy, which provided $250,000, and agreed to pay $47,500 from an excess policy that provided $1 million of coverage.

Moreno was represented by Christopher L. Musmanno of Einhorn, Barbarito, Frost & Botwinick in Denville. The defendants were represented by Diana Hernandez of Foster & Mazzie in Totowa.

*Editor's Comment This report is based on information that was provided by plaintiff's counsel. Defense counsel declined to contribute.

— Aaron Jenkins, adapted from VerdictSearch reports