Essex County Auto Case Settles For $1.3 Million | New Jersey Law Journal – Law.com

A woman who underwent spinal fusion surgery after the car she was riding in was rear-ended was paid a $1.3 million settlement in her Essex County personal injury suit, Villegas v. Salson Logistics Inc., on July 16.

Ana Villegas of Lyndhurst was riding in the back seat of a car that was stopped at a red light on Route 139 in Jersey City on Oct. 31, 2015, when they were rear-ended by a truck driven by Calvin Dunstan and owned by Salson Logistics.

Villegas, now 57, who works as an office cleaner, was treated conservatively for spinal injuries until August 2019, when she underwent a two-level spinal fusion at L4-L5 and L5-S1. She later returned to her cleaning job but claimed a 20% diminished earnings capacity for the rest of her working life, said Anthony Riposta of Riposta Lawyers in North Arlington, who represented the plaintiff along with Cory Anne Cassidy of the same firm.

Villegas sued Dunstan and Salson Logistics. The parties settled for $1.3 million on June 8, in mediation with Dennis Carey III, a former Superior Court judge now with Tompkins , McGuire, Wachenfeld & Barry in Roseland. Payment was made on July 16, Riposta said.

Dunstan and Salson Logistics were represented by Anthony Grossi of Schwab, Haddix & Millman in Berkeley Heights. He did not respond to a request for comment.

— Charles Toutant

$100K Auto Verdict in Middlesex

Bhimani v. Modhera: A woman who sustained spinal injuries in an auto accident was awarded $100,000 by a Middlesex County jury on March 13.

According to counsel, on March 10, 2018, plaintiff Kevin Bhimani, 32, a self-employed computer engineer consultant, was driving on Green Street, near its intersection at Route 27, in Iselin. While his sport utility vehicle was stopped, its rear end was struck by a trailing car that was being driven by Axay Modhera. Bhimani claimed that he suffered injuries to his neck. Bhimani was ultimately diagnosed with herniations of his C5-6 and C6-7 intervertebral discs and resultant radiculopathy. Bhimani’s expert in neurosurgery opined that Bhimani requires a decompression surgery to his cervical spine. The defense’s expert in orthopedic surgery, who examined Bhimani, testified that Bhimani’s alleged herniations were unrelated to any trauma sustained by the accident.

Bhimani sued Modhera and his own insurer, Government Employees Insurance Co., for underinsured-motorist benefits. Prior to trial, Modhera’s insurer agreed to pay $40,000. The court entered a directed verdict against GEICO after it rested, and the case was tried on the issues of causation and damages. There was a $12,000 offer but the matter proceeded to trial.

After a four-day trial before Superior Court Judge Dennis V. Nieves, the jury determined by a 6-1 vote that Bhimani’s injuries were causally related to the accident and were permanent within the meaning of the verbal tort threshold, and awarded $100,000 in total: $80,000 for future medical costs and $20,000 for pain and suffering.

Bhimani was represented by Bhaveen R. Jani of Stark & Stark. Brittany N. Edgerley-Dallal of the Law Offices of Cindy L. Thompson represented GEICO. No attorney was reported for Modhera.

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Modhera was not asked to contribute, and GEICO’s counsel did not respond to the reporter’s phone calls.

— Aaron Jenkins (adapted from VerdictSearch)