The family of an 80-year-old woman who died in a motor vehicle accident has agreed to a $945,038 settlement of their New Jersey wrongful-death suit, Zafar v. Patullo.

Qaneta Zafar was driving south on Route 31 in East Amwell on Dec. 8, 2021, when a northbound tractor-trailer crossed the center line and struck her vehicle, according to the family's attorney, Kathleen M. Reilly of Brady Reilly & Cardoso in Kearny.

Zafar's car was pushed off the road, down a ditch and into nearby woods, Reilly said. Zafar suffered catastrophic bodily injuries and was pronounced dead at the scene, Reilly said.

Kathleen M. Reilly of Brady Reilly & Cardoso. Courtesy photo

According to Reilly, the truck that struck Zafar was driven by Frank S. Patullo and owned by Gerber Metal Supply Co.

After the crash, Patullo told the State Police that he had fallen asleep twice that day while driving, Reilly said. After the first time, he allegedly did not pull over, did not tell anyone that he had fallen asleep and did not take any measures to keep from falling asleep again, the complaint claimed.

It was when Patullo allegedly fell asleep for a second time that he struck Zafar's vehicle, Reilly said.

Zafar's family filed suit in Hunterdon County Superior Court against Patullo and Gerber of Somerville. After the crash, Gerber was sold to All Metals Industries, Reilly said. She added All Metals Industries and Salt Creek Capital II, a private equity fund that owned All Metals, as additional defendants along with three individuals who were owners of Gerber.

The defendants did not stipulate to liability and took a hard line on negotiating a settlement, first offering $175,000, then $300,000, Reilly said. They resisted paying more because Zafar had already passed her life expectancy and because she was not a breadwinner, Reilly said. But she discovered that the potential liability from the crash was not disclosed when Gerber was sold to All Metals Industries, prompting her to assert to opposing counsel that such an action could be seen as fraud, Reilly said.

Zafar left two daughters and two minor grandchildren, all of whom were listed as plaintiffs.

Gerber had a $1 million insurance policy with New Jersey Manufacturers Insurance Co.

The $945,038 settlement was the amount of coverage remaining after $54,961 was paid to the New Jersey Department of Environmental Protection for the mandated cleanup of the accident site, Reilly said.

On Oct. 15, Hunterdon County Presiding Chancery Judge Robert Ballard Jr. approved an order allocating the settlement proceeds.

It gave $306,792 in fees and $4,897 in costs to Brady Reilly.

From the net recovery of $633,349, 5%, or $31,667, was allocated to survivor claims.

Zafar's two adult daughters, Hanna M. Zafar and Subooha A. Zafar, each received 40% of that sum, or $12,666 each, while Zafar's two minor grandchildren each received 10%, or $3,166.

The remaining $601,681 was allocated to wrongful-death damages, with 40% each, or $240,672, going to Zafar's two daughters, and the grandchildren each receiving 10%, or $60,168.

Patullo's attorney, Timothy Beck of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum in Warren, and Michael McCaffrey of Flanagan Barone & O'Brien in Bernardsville, representing Gerber Metals, did not return calls about the case.

Nelson Miranda of Leary, Bride, Mergner & Bongiovanni in Cedar Knolls, representing All Metals Industries, also did not return a call.

Christopher Bally of The Law Offices of Steven J. Tegrar, representing  Salt Creek Capital II, declined to comment.