$750K Settlement for 65-Year-Old in Case That Hinged on Age
A medical expert working for the defendant said the torn rotator cuff was the result of old age, rather than an accident-related injury, plaintiffs counsel said.
November 13, 2024 at 05:22 PM
2 minute read
A New Jersey man who sustained spinal injuries when his car was struck in the rear by a truck has agreed to a $750,000 settlement of his suit in Camden County Superior Court.
Michael Boczar of Deptford was driving north on Route 676 in Camden on July 19, 2021, when his car was struck in the rear by a truck that was operated by Jorge Velez and owned by J. Ambrogi Food Distribution of Thorofare, according to court documents.
Boczar allegedly stopped when the vehicle in front of his came to a stop but the truck did not, according to his attorney, Zachary M. Green of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins.
Boczar suffered a torn rotator cuff in his left shoulder and multiple cervical disc herniations, Green said. He underwent surgery to repair his left shoulder and later received a two-level cervical fusion after his back pain could not be relieved by epidurals.
As a result of his injuries, Boczar has numbness in his left arm and his back pain makes it difficult to sleep, Green said. He also has reduced strength in his arms and can no longer lift and play with his grandchildren, Green said. Now 65, Boczar, who has a desk job, has returned to work, Green said.
A medical expert working for defendant Ambrogi said that Boczar's torn rotator cuff was the result of old age, rather than an accident-related injury, Green said.
The defense also sought to reduce damages on the theory that Boczar's spine was degenerating because one of his injured discs fused naturally, and the three-level fusion that was scheduled ended up being a two-level fusion, Green said.
The parties reached the $750,000 settlement on Oct. 1.
The lawyer for Ambrogi and Velez, Lisa R. Bowles from the Law Offices of James H. Rohlfing in Marlton, declined to comment on the settlement.
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