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A man who suffered back injuries while riding as a passenger in a vehicle that was broadsided in a two-car crash was paid a $2 million settlement in his Somerset County suit, Estrada v. Sasso, in June.

Kevin Estrada, now 27, was a passenger in a car driven by his mother, Isabel Estrada, on March 10, 2015, at the intersection of East Main Street and Eastern Avenue in Somerville. A car pulling out from a driveway, operated by Consuelo Sasso, struck the left side of the Estrada vehicle. As the Estrada vehicle pulled over, Sasso struck it a second time, in the rear, according to Edward Rebenack of Rebenack Aronow Mascolo in Somerville.

Estrada alleged an aggravation of prior lower back injuries. Following the crash, he had numerous pain management procedures with limited relief, then underwent a minimally-invasive lumbar discectomy and lumbar interbody fusion with cage implant at the same vertebral level, providing partial relief, according to Rebenack.

Sasso said she thought the road was clear and did not see the plaintiff's vehicle, according to Rebenack.

Estrada was awarded Social Security Disability benefits based on his accident-related injuries and limitations. He presented an economic claim for lost wages and diminished future earning capacity.

During the later stages of discovery, Sasso's carrier, Allstate, agreed to pay her $250,000 primary policy and $1.75 million from a $2 million excess policy. The remainder of the excess policy was paid to other claimants, exhausting the full extent of coverage, Rebenack said. The settlement was reached March 25 and was paid in June.

Steven Litvak of Litvak & Trifiolis in Florham Park, who represented Sasso, confirmed the settlement.

— Charles Toutant

$300K Settlement During Trial in Union Fall Case

Hackley v. Oasis Pastry Shop: A woman who sustained knee and ankle injuries in a fall in an icy parking lot settled her Union County suit for $300,000 on March 12.

According to plaintiffs and defense counsel, on Feb. 10, 2017, plaintiff Alfredia Hackley, 63, a medical billing inpatient coder, fell on snow and ice while she was traversing a parking lot that was located at 1253 Liberty Ave., in Hillside. Hackley sued the premises' owner, Blue Ribbon Bakery LLC, and the premises' tenant, Oasis Pastry Shop.

Hackley's counsel argued that there was sufficient time for Oasis to properly address the snow and ice in the lot. The defense maintained that the parking lot had been adequately cleared the day prior to Hackley's fall and that there was no intervening storm that would have caused a re-accumulation of snow and ice. The defense asserted that Hackley was not exercising reasonable care.

Hackley fractured her left ankle, requiring open reduction and fixation, and other procedures. She also sustained a torn left meniscus, requiring surgery. She underwent physical therapy after surgery. Hackley testified that she is capable of performing normal activities without any restrictions. She claimed that she continues to suffer knee pain.

Hackley sought damages for past and future pain and suffering. Her husband sought damages for his claim for loss of consortium.

The defense's expert said Hackley fully recovered from her injuries, and that any ongoing knee complaints are attributable to documented preexisting arthritis.

Trial commenced before Union County Superior Court Judge Alan G. Lesnewich. The parties negotiated a settlement during the fourth day of the trial. Blue Ribbon Bakery's insurer, Utica Mutual Insurance Co., agreed to pay $300,000 from a policy that provided a substantially greater amount of coverage.

The plaintiffs were represented by Edward P. Capozzi and Jeremy L. Hylton of Brach Eichler. The defendants were represented by Christopher B. Block and Josie A. Scanlan of Marshall Dennehey Warner Coleman & Goggin.

*Editor's Comment: This report is based on information that was provided by plaintiffs' and defense counsel.

— Aaron Jenkins (adapted from VerdictSearch)