$2 Million Settlement Reached in Somerset County Auto Case
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…
July 30, 2020 at 12:22 PM
4 minute read
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)
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTurning the Tables: Defense Litigators Embrace Lawsuits, Alleging Fraud at Plaintiffs Shops
6 minute readTitle Insurance Agency on Hot Seat Over Homebuyer Fees, Alleged Kickbacks
3 minute readNJ Justices Mull Insurer's Duty to Defend Employer's Negligence Claim in Workers' Comp Dispute
6 minute readLaw Firms Mentioned
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 3Guarantees Are Back, Whether Law Firms Want to Talk About Them or Not
- 4Trump Files $10B Suit Against CBS in Amarillo Federal Court
- 5Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250