Ten More Awards Worth Noting

These awards, ranging from $2.375 million down to $1.95 million, were reported by the Law Journal between Aug. 22, 2017, and Aug. 20, 2018. They are ranked in order of their value as of the date of verdict or settlement. Awards of equal value share a ranking—this year we have a three-way tie at number 7 ($2 million). Tied cases are not listed in any particular order. Awards for multiple parties are ranked by their lump-sum value.

1. Family of State Trooper Killed on Duty Settles for $2.375M

Published: 1/22/2018

The family of a New Jersey state trooper who was killed by a car while responding to an auto accident is receiving $2.375 million in their suit, Estate of Cullen v. Desousa, as compensation.

Trooper Sean Cullen, 31, of Cinnaminson, died on March 8, 2016, hours after he was struck by a car driven by defendant Stephanie Desousa of Holmdel, said the Cullen family’s attorney, John Dodig.

Shortly after 8 p.m. on March 7, Cullen, assigned to the Bellmawr station, was responding to a car fire on Interstate 295 southbound in West Deptford.

That accident was caused when a car driven by Willard Hamilton Jr. of Paulsboro struck a car, driven by Dajuan Wagner of Paulsboro, causing Wagner’s car to burst into flames, said Dodig, of Philadelphia’s Feldman, Shepherd, Wohlgelernter, Tanner & Dodig.

Cullen, a trooper since 2014 after serving as a police officer in Sea Isle City and Mount Holly, had parked his car at the scene and was crossing the highway on foot when he was struck by Desousa’s car, Dodig said.

Cullen, a native of Dublin, Ireland, died at a hospital several hours after the accident as the result of massive injuries, said the lawsuit, filed in Gloucester County Superior Court.

The lawsuit was filed by his fiancee, Aryn McCormick, and his father, Eamonn Cullen. Both are from Cinnaminson. Cullen was the father of a young son.

Desousa’s carrier, Liberty Mutual Insurance Co., is paying $2.25 million into the settlement. Hamilton was covered by a policy issued by Plymouth Rock Insurance Co., which is paying $100,000. Wagner was covered by a policy written by USAA, which is tendering $25,000, Dodig said.

Plymouth Rock and USAA retained Barbara Davis of the Cherry Hill office of Marshall, Dennehey, Warner, Coleman & Goggin to represent Hamilton and Wagner. She declined to comment.

Liberty Mutual retained Lewis Jackson of Styliades & Jackson in Mount Laurel. He did not return a call seeking comment.

The parties agreed to settle the case on Nov. 7, Dodig said, and the Cullen family is in the process of receiving its settlement funds.

2. Settlement of $2.3M for Man Dragged by Transit Bus

Published: 5/14/2018

Arpad v. New Jersey Transit: A man struck by and dragged underneath a New Jersey Transit bus for 1.7 miles settled his Passaic County suit on March 15 for $2.3 million.

On the evening of Dec. 2, 2014, Seres Arpad, then 60, was walking his dog in the Wayne Transit Center in Wayne, near his home. He crossed at an intersection where the bus was stopped, and the bus began making a left turn across the lane where Arpad was walking, striking him and his dog, said his lawyer, David Mazie of Mazie Slater Katz & Freeman in Roseland.

Arpad was lodged under the rear axle of the bus, which stopped to drop off passengers soon after striking him but soon continued on its route, with Arpad holding on underneath. The bus traveled at speeds of up to 50 miles per hour and didn’t stop until after it had traveled 1.7 miles, when it was stopped by police called by a passenger on the bus who had witnessed Arpad being hit, according to Mazie. Arpad’s dog, Crystal, was killed.

The bus driver, Erickson Manlapid, would later say he heard a noise but didn’t realize he had struck someone, Mazie said.

Arpad, extricated from the undercarriage of the bus, sustained fractures to his right fibula and ribs, as well as severe abrasions and burns to numerous parts of his body, including his buttocks, where the injuries led to necrosis, the suit claimed, also alleging that blunt trauma led to a total vision loss in his right eye. Arpad was hospitalized for seven weeks at St. Joseph’s Medical Center in Paterson and underwent five surgeries, Mazie said.

The suit also claimed that Arpad suffers from post-traumatic stress disorder, is unable to engage in outdoor activities as he used to do, and suffered emotional damages from the loss of his dog.

The defense contended that Arpad was crossing the street where there was no crosswalk, during darkness and rainy conditions.

The parties were scheduled for a March 24 trial when they settled on March 15 during mediation with John Keefe Sr., a retired Superior Court judge with the Keefe Law Firm in Red Bank. The settlement was approved in a friendly hearing by Passaic County Superior Court Judge Bruno Mongiardi but has yet to be paid, according to Mazie.

Benjamin Clarke of DeCotiis, FitzPatrick, Cole & Giblin in Teaneck, for NJ Transit, didn’t return a call seeking comment on the settlement.

3. Post-Prostate Exam Infection Leading to Double Amputation Results in $2.2M Settlement

Published: 7/23/2018

In Wilburn v. Moss, a Neptune man has received $2.2 million as compensation for undergoing amputation of both legs after he developed an infection following an exam to determine if he had developed prostate cancer.

Plaintiff Herbert Wilburn, now 67, received his settlement funds from Princeton Insurance Co. on July 5, the carrier for the defendants—Dr. Vance Moss, Mid-Atlantic Multi-Specialty Surgical Group and Moss Urologic Surgery of Howell—said Wilburn’s attorney, Daryl Zaslow.

The lawsuit, which settled on May 1, was filed in Monmouth County Superior Court, but was settled before it had been given a trial date, said Zaslow, of Eichen Crutchlow & Zaslow in Edison.

Wilburn was treated by Moss on Aug. 12, 2014, according to Zaslow.

Moss used a needle-like probe from the rectum to the prostate, despite medical literature indicating that that method could lead to infection, Zaslow said.

Wilburn went to Jersey Shore Medical Center on Aug. 14, 2014, after suffering seizures and noticing blood in his urine, Zaslow said. He complained of discomfort and eventually went into respiratory failure, Zaslow said.

He developed an inflammation of the gallbladder and eventually was diagnosed with sepsis, which spread to his legs, requiring a bilateral below-the-knee amputation, Zaslow said.

For Moss and Mid-Atlantic, Princeton Insurance retained Donald Grasso of Orlovsky, Moody, Schaaf & Conlon in Long Branch. He did not return a call about the case.

For Moss and his personal medical group, Princeton retained Joseph DiCroce, who heads a firm in Manasquan. He confirmed that the carrier contributed $200,000 to the settlement involving Moss’s personal group.

4. Jury Verdict of 2.18M in Camden Uninsured Motorist Case

Published: 8/20/2018

Mercado v. Liberty Mutual: A Camden County jury on June 28 awarded $2.18 million to a motorist who claimed he sustained permanent injuries in an auto accident, though the award is capped at $15,625.

According to the plaintiff’s counsel, on May 9, 2015, plaintiff Jose Mercado, 50, a court clerk, was driving on Third Street in Camden. As he entered the intersection with Chestnut Street, another car, approaching from the opposite direction, tried to make a left turn onto Chestnut Street. The car broadsided Mercado’s sedan on the driver’s side. Mercado claimed permanent neck, shoulder and back injuries. Mercado sued the driver, Walika Robertson, alleging she was negligent. Robertson was uninsured, so Mercado sued his own insurer, Liberty Mutual Insurance Co., seeking to recover on his $25,000 uninsured-motorist policy.

Mercado came under the care of an orthopedic surgeon, who diagnosed a tear of the supraspinatus tendon of the right, dominant shoulder. Also diagnosed were bulges at C6-7, and L3-4 and L4-5, and herniations at C3-4, C4-5 and C5-6, and bilateral cervical and lumbar radiculitis. Mercado treated with a percutaneous electrical stimulation. An epidural injection of a steroid-based painkiller was recommended but Mercado declined.

At the time of the accident, Mercado lived with a relative and therefore was entitled to coverage under the relative’s $15,000 insurance policy. In order to determine each party’s pro-rata percentage of the $25,000 Liberty Mutual policy, Mercado and his relative’s policies were combined, which totaled $40,000. Liberty Mutual would then be responsible for 62.5 percent of the $25,000 policy, or $15,625, and the insurer of Mercado’s relative was responsible for 37.5 percent, or $9,375. The relative’s insurer paid the $9,375, prior to trial. Liberty Mutual stipulated to negligence, and the case was tried on the issues of causation and damages.

At a three-day trial before Camden County Superior Court Judge Donald J. Stein, Mercado’s orthopedic surgeon causally related his injuries to the accident, and opined that he had suffered permanent injuries to his neck, right shoulder and low back. As Mercado ages, the physician stated, his rotator cuff will likely worsen, necessitating surgery. Mercado testified that his injuries forced him to give up his active lifestyle. He sought damages for past and future pain and suffering. The defense questioned Mercado’s injuries. Liberty Mutual’s expert testified that, at most, he only suffered a strain and sprain to his cervical and lumbar spine, and that his lumbar and shoulder injuries were preexisting. The expert concluded that Mercado did not suffer any permanent injuries. The six-member jury unanimously determined that Mercado’s injuries were caused by the accident and were permanent within the meaning of the verbal tort threshold. Mercado was determined to receive damages of $2,175,000. The award was molded to $15,625, or 62.5 percent of the $25,000 policy, plus pre-judgment interest.

Mercado was represented by Lisa R. Bowles-Marone of Taylor, Taylor & Leonetti. Liberty Mutual was represented by Brad Hoffman of Styliades & Jackson. Robertson was not represented.

*Editor’s note: This report is based on information that was provided by plaintiff’s counsel. Liberty Mutual Insurance’s counsel did not respond to the reporter’s phone calls, and Robertson was not asked to contribute.

5. Ankle, Leg Injuries in Sidewalk Fall Net $2.16M Verdict

Published: 6/11/2018

An Essex County jury has awarded a Bloomfield woman $2.16 million as compensation for injuries she sustained when she slipped and fell on an icy sidewalk.

The jury awarded the damages to plaintiff Lourdes Faulkner-Marsilli, now 51, on April 26, said her attorney, Robert Baumgarten.

Faulkner-Marsilli was injured on the morning of Feb. 19, 2014, as she was walking to work on a sidewalk in front of a property owned by defendant, Sport Spot, on Central Avenue near South Clinton Street in East Orange, said Baumgarten, of Ginarte Gallardo Gonzalez Winograd in Newark.

The lawsuit alleged that the fall was caused by accumulated ice, which Sport Spot, the building’s owner, failed to clear, Baumgarten said, noting that the sidewalk had not been treated at the time of her fall.

Faulkner-Marsilli injured her right ankle and leg, leading to surgery that caused permanent scarring, limited mobility and strength, particularly going up and down stairs, and ongoing pain and swelling, Baumgarten said. She’s also no longer able to exercise or to crouch to do chores, has been limited in her work as a cafeteria worker, and is required to wear orthopedic footwear, he added.

At trial before Essex County Superior Court Judge Thomas Vena, the jury awarded Faulkner-Marsilli $2.1 million for pain and suffering, and $58,240 for lost wages, according to Baumgarten.

Sport Spot’s carrier, United States Liability Group, retained Irwin Facher of Zucker Facher & Zucker in Fairfield, to represent the defendant. He did not return a call about the case.

6. Arbitrator Awards $2.1M in Middlesex Med Mal Case

Published: 1/15/2018

An arbitrator awarded $2.1 million in a damages-only session in a Middlesex County suit, Ciallella v. Beiter, lodged by a patient whose bowel was perforated during laparoscopic surgery. The sum was paid Dec. 14.

In November 2014, Maryann Ciallella, then 40, underwent surgery at Saint Peter’s University Hospital in New Brunswick to remove her ovaries and fallopian tubes, as treatment for endometriosis. The procedure was performed by Kyle Beiter, M.D., according to Ciallella’s lawyer, Bruce Nagel of Nagel Rice in Roseland.

During the surgery, Ciallella’s bowel was perforated, leading to peritonitis, and she sustained an injury to the ureter, all of which ultimately required numerous surgeries, including a colostomy and hernia repair, according to Nagel. She became septic, and was in a comatose state and intubated for a month, he said.

Ciallella, who has since experienced respiratory difficulties, and cognitive and memory issues, filed a suit in Middlesex County naming Beiter, Saint Peter’s University Healthcare System and Saint Peter’s Associates, claiming negligence and vicarious liability. Beiter didn’t contest liability, and the parties proceeded to arbitration by consent during the discovery phase, Nagel said.

Experts were retained on damages. The defendants contended that much of Ciallella’s condition was unrelated to the surgical complications, according to Nagel.

The arbitrator, Peter Doyne, a retired Superior Court judge with Ferro Labella & Zucker in Hackensack, awarded Ciallella and her husband $2.1 million on Nov. 29. The defendants were insured by Risk Assurance Company of Saint Peter’s, Nagel said.

The defendants’ counsel, Rowena Duran of Vasios, Kelly & Strollo in Union, didn’t return a call seeking comment on the case.

7 (Tie). Middlesex Jury Awards $2M for Icy Parking Lot Fall

Published: 10/27/2017

In Adams v. A&R Woodbridge, a Middlesex County jury awarded $2 million on Oct. 24 to a man who required back and neck surgery after he slipped in an icy parking lot.

George Adams, now 51, parked his car and was heading into a restaurant when he slipped on a large patch of ice in the parking lot at The Plaza at Woodbridge on Feb. 7, 2014. He sustained cervical and lumbar disc herniations, and underwent fusion surgeries.

The ice was the result of run-off from a large pile of snow that was melting, causing water to drain toward a nearby storm grate before it re-froze, said Nicholas Leonardis of Stathis & Leonardis in Edison, who represented Adams. The snow removal contractor warned the owner that leaving a pile of snow in that spot was hazardous, but the owner said it could not be left elsewhere because it would cause the loss of parking spaces, Leonardis said.

After surgery, Adams was unable to return to his job driving a van for special needs children, according to Leonardis.

Shopping center owner A&R Woodbridge, property manager Ackerman Realty and snow contractor All Phase Contracting were named as defendants.

Each defendant argued that they acted reasonably, and claimed the others were responsible for the way the snow was piled, Leonardis said. The defendants also argued that Adams’ injuries were unrelated to the fall, but were caused by two prior incidents where he suffered neck and back injuries, in 2007 and 2011, Leonardis said.

Following a six-day trial before Superior Court Judge Lisa Vignuolo, the jury set damages at $2 million, and found that A&R Woodbridge and Ackerman Realty were jointly 100 percent liable. The jury declined to find All Phase or Adams liable for the fall.

Lynne Herskovitz of Viscomi & Lyons in Morristown, representing A&R and Ackerman, did not return a call about the case.

7 (Tie). Motorcyclist Who Lost Vision in One Eye Settles for $2M

Published: 2/12/2018

A man who lost sight in one eye after a motorcycle accident received $2.04 million to settle his Hudson County suit, Arroyo v. Mager, on Dec. 30, 2017.

Dionel Arroyo was riding his motorcycle on Marin Boulevard at 16th Street in Jersey City on April 16, 2016, when he was hit by a car driven by Ezra Mager. Mager, then 75, was making a left turn and said he did not see Arroyo’s motorcycle approaching, said plaintiff lawyer Andrew D’Arcy of D’Arcy Johnson Day in Egg Harbor Township.

Arroyo, now 33, of Jersey City, who was wearing a helmet, was thrown from the motorcycle and suffered broken bones around his right eye, which left him blind in that eye. He underwent a craniotomy procedure, which left him with significant scarring. He was, however, able to return to his job in tunnel operations at the Port Authority of New York and New Jersey, D’Arcy said.

The settlement was reached during mediation with former Ocean County Superior Court Judge Thomas O’Brien, now with Bathgate, Wegener & Wolf in Lakewood.

Mager’s lawyer, Patricia Adams of Campbell, Foley, Delano & Adams in Asbury Park, did not return a call about the case.

7 (Tie). Jury Awards $2M to Struck Pedestrian on UIM Claim

Published: 6/18/2018

In Canda v. Liberty Mutual Insurance Co., a Camden County jury awarded a Pennsauken man who lodged an under-insured motorist claim $2 million as compensation for injuries he sustained when he was struck by an automobile while crossing a street.

The jury awarded the sum to plaintiff Luis Canda, on May 31, after a three-day trial, said his attorney, John Borbi.

Canda, now 47, was injured on July 15, 2015, as he was attempting to cross Federal Street at 23d Street in Camden, according to Borbi, of Borbi, Clancy & Patrizi in Cherry Hill.

Canda was struck by a car driven by Normary Torso, also of Pennsauken, who Borbi said had no insurance. As a result of the accident, Borbi said, Canda sustained herniated discs, but required no surgery, though he continues to suffer from headaches and lack of sleep.

Canda filed an uninsured motorist lawsuit against his personal carrier, Liberty Mutual Insurace Co., which disputed the nature and extent of the injuries, according to Borbi. Superior Court Judge Michael Joyce presided over the trial.

Liberty Mutual retained Ada Gallicchio of Styliades & Jackson in Mount Laurel. She didn’t return a call about the case.

10. Settlement of $1.95M for Fall in Icy Parking Lot

Published: 3/19/2018

Gutierrez v. Menpe Corp.: A Paterson man is to receive $1.95 million as compensation for injuries sustained when he slipped and fell on untreated ice on his employer’s parking lot.

Plaintiff Odwin Gutierrez, now 45, of Paterson, agreed to the settlement with the insurance carrier for defendant Menpe Corp. on Feb. 24, said Gutierrez’s attorney, Gregg Stone.

Stone declined to identify the Menpe’s carrier or Gutierrez’s employer, which was not a party to the case. The attorneys representing Menpe, David Semple and Philip Priore of McCormick & Priore in Princeton, did not return calls seeking comment.

Gutierrez fell on Dec. 18, 2013, at the Perth Amboy facility, while he was in the process of inspecting his company-owned vehicle. Gutierrez’s employer leased the property from Menpe, said Stone, of Newark’s Kirsch, Gelband & Stone.

The lawsuit, filed in Middlesex County Superior Court, claimed Menpe failed to properly maintain the parking lot, Stone said.

Gutierrez, Stone said, sustained lower back injuries and had to undergo lower lumbar surgeries with fusion, and six lumbar epidural injections.

The settlement will be offset by a worker’s compensation lien of $436,000, Stone said.

Ronald Morgan, of Stone’s firm, also represented Gutierrez.