Verdicts and Settlements
Kirsch, Stone & Morgan has obtained numerous million dollar and multi-million dollar verdicts and settlements for our clients. Many of our biggest settlements against Fortune 500 companies, insurance carriers, hospitals, and doctors are subject to confidentiality and cannot be disclosed. Below, take a look at some of our largest non-confidential verdicts, settlements, and other wins.
$90 million record-breaking offer for paralyzed brain damaged victim
A woman was walking to the bus stop for her morning commute to NYC, when she was struck by a severely rotted, decayed, and deteriorated wood utility pole, owned by defendant Verizon. Defendant Verizon maintained that it had no prior notice of the pole's defective condition. Her attorneys, Kirsch, Stone & Morgan, argued that Verizon acted with willful and wanton disregard for the safety of the public by failing to timely remove the pole that struck her.
Kirsch, Stone & Morgan received a $90 million offer to settle the case on her behalf.
$8 Million for Gym Class Injury
Dickens v. Irvington Board of Education: Middle school student, Destinee Dickens, sustained serious injuries to her left arm after falling during gym class. Destinee's fall was caused by a wire/cable that ran across a paved sidewalk approximately 18 inches above the ground. While the wire/cable was meant to deter vehicles from encroaching on the athletic fields, it also posed a hazard to students. According to Destinee's attorneys, Gregg Alan Stone, Esq. and Ron Morgan, Esq., the school ignored the palpably unreasonable danger posed by the low-hanging wire/cable to the students. As a result of her injury, Destinee developed arthritis at age 19 and suffered neurological damage. An Essex County jury awarded her $8 million at trial.
$6 Million for Manhole Injuries
Campos v. Newark: Kirsch, Stone & Morgan obtained a $6 million settlement from the City of Newark on behalf of a 43-year-old Newark woman for failing to maintain its street. Ms. Campos was caused to fall into a hole that was partially covered by a metal construction plate.
According to Gregg Alan Stone, Esq., "investigation revealed that for several years leading up to the accident, the City of Newark knew that beneath the metal construction plate was a broken lateral pipe to an adjoining sewer basin, which caused the street surface above to repeatedly deteriorate and collapse."
Rather than simply replace the broken pipe, City employees repeatedly backfilled the area, placed the metal construction plate on top of the area at street level, and applied an asphalt patch around the plate.
Ms. Campos underwent eight back surgeries. A morphine pump and heavy-duty narcotic medication helps control her pain.
$4.7 Million for Injured Senior
A 67-year-old senior citizen whose throat was crushed against a curb when she tripped over a concrete car-stop at a Newark public housing complex was awarded $4.7 million by a jury.
Kirsch, Stone & Morgan said that the concrete car-stop was negligently placed in the parking lot in front of the entranceway to the building.
$4 Million for Excessive Force by Law enforcement
Dawkins v. County of Union: Jonathan Dawkins, a schizophrenic who required psychotropic medication, was an inmate in Union County. Guards and supervisors in SWAT gear showed up to take him for a psychological evaluation, and forced him from the cell using pepper-spray, removing him face down, then forcibly pressing down on his torso.
Video evidence showed Jonathan with a pillow against his face to block the spray and gasping for breath before going limp. When Jonathan got to the medical department, he was already brain dead. Jonathan later succumbed to his injuries, according to his attorney, Gregg Alan Stone, Esq.
A settlement of $4 million was awarded to the Estate of Jonathan.
$3.4 Million for Bus Crash
Banks v Jersey City Transit Corp.: Two bus passengers, Bambi Banks and Claude Zongo, were severely injured in a crash. The New Jersey Transit bus occupied by the plaintiffs entered the intersection with a green light, and was struck from the side by another New Jersey Transit bus that ran a red light, according to plaintiffs' lawyers, Gregg Alan Stone, Esq. and Ron Morgan, Esq.
Due to the crash, Bambi suffered a fractured pelvis, and multiple fractures of the cervical and thoracic spine. Claude suffered from contusions, nerve damage, and a foot drop.
New Jersey Transit claimed that the at-fault driver suffered a sudden medical emergency that caused him to lose control of his bus. Based on that defense, New Jersey Transit denied liability.
Kirsch, Stone & Morgan obtained a global $3.395 million settlement, with Bambi receiving $3 million and Claude receiving $395,000.
$2.9 Million for Passenger Blinded by Errant Tire
McPherson v. Shortline: A 42 year old woman was rendered legally blind when a tire came loose from a car and slammed into the side window of a bus that she was occupying. The impact caused her head to hit the window, rendering the plaintiff legally blind.
At trial, Kirsch, Stone & Morgan established that the tire which came loose from the car had been negligently installed by a well-known tire service center. The plaintiff was awarded $2.9 million from the jury.
$2.8 Million For Defective Product Design
Peterson v. Amsco Engineering Service: Gregg Alan Stone, Esq., obtained a $2.8 million verdict against Siemens Medical on behalf of Susan Peterson. Susan, a radiology technician, suffered a severe disabling back injury when she was moving a piece of defective x-ray equipment in a local hospital. The portable x-ray equipment, which weighed 616 pounds, was proven defectively designed because the manufacturer failed to install a braking mechanism to stop the machine's wheels from moving.
In an effort to prevent damage to the machine, she pulled back on the machine's handle with all her strength. In so doing, she saved the machine, but suffered devastating injury which required lower back fusion surgery.
$2.2 Million for Fatal Crash
Yeager v. Simpson: Stephanie Yeager was driving west on Route 80 with her children Amada, 9, and Sean, 7, in the back seat and her boyfriend, Chris Spaulding, in the passenger seat. The car was hit from behind by a tractor trailer.
Chris and Stephanie suffered herniated discs, Amanda had back and neck soft tissue injuries, and Sean died shortly after the impact. Amanda, Stephanie, and Chris suffered from post-traumatic stress disorder.
Amanda, Chris, and Stephanie sued the driver and the truck's owner, SMP Inc. for the injuries and emotional distress. Kirsch, Stone & Morgan obtained a settlement on their behalf for $2.2 million.
$2 Million for Hit and Run
Brooks v. Stoney: Plaintiff Sheila Brooks was a front-seat passenger in a car that was broadsided by a stolen vehicle. During the crash, Sheila suffered a fractured right arm and right thigh, requiring multiple surgeries and a bone graft.
Sheila still walks with a limp and has thick scarring on her arm. Sheila sued the driver of the car she was occupying. The jury awarded Sheila $2 million.
$1.97 Million for Injured State Worker
Ramroop v. Community Access Unlimited Inc.: Plaintiff Gadjraj Ramroop, a social worker for the Division of Youth and Family Services (DYFS) was injured in the DYFS parking lot in Elizabeth. When Gadjraj stepped over a mound of snow left by a snowplow, he slipped on a patch of ice.
Gadjraj sustained a lower back injury that required fusion surgery and multiple epidurals. Kirsch, Stone & Morgan argued that Gadjraj's fall was caused by the property owner's, Community Access Unlimited, failure to adequately clear the snow. The case settled for $1.97 million.
$1.95 Million for Cablevision Van Incident
Two pedestrians were off-loading equipment from the back of their pickup truck and were seriously injured when they were struck by a Cablevision van. The van ran a red light and slammed into plaintiffs' truck. Both pedestrians were pinned between the front of the Cablevision van and the back of their truck.
Their lawyers from Kirsch, Stone & Morgan claimed the driver of the Cablevision van was speeding and driving recklessly in order to "beat the light". A total of $1.95 million was recovered for the victims through settlements.
$1.95 Million for Parking Lot Fall
Guitierrez v. Menpe Corp.: Plaintiff Odwin Gutierrez was inspecting his company vehicle on a property that was leased Odwin's employer. Due to the defendant owner's poor upkeep of the parking lot, Odwin fell and sustained lower back injuries, according to his attorneys, Gregg Alan Stone, Esq. and Ron Morgan, Esq.
Odwin was forced to undergo lower lumbar surgeries including a fusion, as well as six lumbar epidural injections. The case settled for $1.95 million.
$1.75 Million for Ski Resort Fall
Villecco v. Mountain Creek Resort Inc.: EMT Frank Villecco was injured in a slip and fall in the Mountain Creek medical room when escorting a patient. Frank sustained a disc herniation to his lumbar spine, which required fusion surgery and a spinal cord stimulator.
Due to his injuries, Frank was forced to take pain medication and take a less physically demanding job. The case settled for $1.75 million at mediation.
$1.59 Million for Fatal Crash
Barbosa v. Contreras: Plaintiff Cleidineia Viera-Barbosa was a passenger in a car driven by Antonio Dantas, who was driving down a one way street. Barbosa was stuck by a car driven by Luis Contreras, who was driving the wrong way down the one way street.
Contreras was inebriated and had a blood alcohol content of 0.17 percent, well over the legal limit. Barbosa's lawyers from Kirsch, Stone & Morgan were able to recover a total settlement of $1.59 million for Cleidineia.
$1.4 Million for Climbing-Wall Injury
Lilos v. High Exposure: While climbing at High Exposure climbing gym in Northvale, plaintiff Brittany Lilos attempted an obstacle named the "Leap of Faith." The Leap of Faith entails a jump from a plank to a punching bag suspended 30 feet in the air. As a safety precaution, climbers must wear a safety harness clipped to an auto belay, a device frequently used at climbing gyms to ensure a slow, safe fall for climbers.
During her climb of the Leap of Faith, Brittany jumped to the punching bag, but her harness disconnected from the auto belay, resulting in Brittany falling 30 feet.
As a result of her fall, Brittany fractured her lower back, pelvis, both wrists, and both elbows. While Brittany did sign a waiver of liability, her attorneys, Gregg Alan Stone, Esq. and Ron Morgan, Esq., argued that it was grossly negligent to fail to provide redundant safety equipment to ensure the auto belay was securely connected.
The result was a $1 million settlement from High Exposure and a $400,000 settlement from Carabiner's Indoor Climbing, the company responsible for the design of Leap of Faith.
$1.3 Million for Wrongful Death
Newlywed Joanne Caruso underwent a routine laparoscopic surgery to remove fibroids from the uterus, when her gynecologist David DePasquale punctured a vein. A medical supply sales representative in the operating room stated that DePasquale expressed concern after vacuuming the blood pooled in Caruso's abdomen three times, but another surgeon continued the procedure. This is just one of the "multitude of errors that caused her death" according to Caruso's attorneys from Kirsch, Stone & Morgan.
Following surgery, Caruso was placed in post-anesthesia care, where nurses failed to take complete vital signs. Caruso was later moved to a same-day surgery unit where her previous vital signs were used rather than taking new ones. New vital signs would have shown Caruso's heart rate was abnormal.
Caruso was later pronounced dead, causing the hospital to change their policy to monitor patients' vital signs throughout their stay in the same-day surgery unit. The case settled for $1.3 million.
$1.3 Million for Fatal Workplace Fall
Estate of Lawson v. Gilbane Building Co.: Ironworker Jamal Lawson was 80 feet in the air bolting steel beams for the construction of Prudential Arena when he fell from a six-inch-wide beam. Jamal died on impact.
Jamal was wearing a safety harness, but only had access to one of the two lifeline tethers required to ensure safety.
His family sued the general contractor, Gilbane Buildings Co., and his employer, Cornell & Co., alleging that the lack of a lifeline tether was intentional and created an environment with a substantial risk of serious injury or death. Each defendant settled for $650,000, bringing the total settlement to $1.3 million.
$1.25 Million for Sex Abuse of a Minor
Bishop v. Comperchio: Plaintiff Kristen Bishop attended a school in the Mount Arlington School district where she was driven to school by bus driver Edward Comperchio.
Kristen alleged that she was molested by Comperchio on several occasions before being driven to school. Bishop's lawyers, Gregg Alan Stone, Esq. and Ron Morgan, Esq., stated that despite there being cameras on the busses, Comperchio did not activate them before picking up Kristen. The case settled for $1 million dollars from Comperchio and $250,000 from the Mount Arlington School District.
$1.225 Million for Motor Vehicle Negligence
Moldanado v. Knight et al: The plaintiff's vehicle was struck by a truck driven by a negligent driver. The defendant truck was turning left at a stop sign, but the view was obstructed by a building on the corner.
As a result of the accident, the plaintiff suffered bilateral leg fractures as well as fractures in the jaw and eye orbit. Complications arising from the plaintiff's diabetes forced doctors to perform a below-the-knee amputation of one of the plaintiff's legs.
The plaintiff's lawyers from Kirsch, Stone & Morgan argued that the truck driver was negligent because he failed to "inch-out" into the intersection. The case settled for $1.225 million.
$1.2 Million for Fatal Fall
5-year-old Rajeev Adams died when he fell from a six-story apartment without window guards. The Estate of Rajeev Adams sued Mob Rehab Housing Association, Essex Plaza Management, and its owners for failing to install window guards.
The Estate's lawyer, Gregg Alan Stone, Esq., claimed the defendants refused to guard the windows for three years. The case settled after trial for $1.2 million.
$1.2 Million for Slip and Fall
Barboza v. Tacuri: Plaintiff Katherine Barboza was walking on stairs of her Bloomfield apartment, which were covered in vegetation that made the steps slippery. The vegetation caused Katherine to fall and break her right wrist. Katherine continued to complain of swelling, pain, and loss of motion after the accident. Katherine was awarded $1.2 million.
$1.15 Million for Motorcycle Accident Hit and Run
Alston v. Cuasqure: Officer Jerry Alston was driving his motorcycle on I-287 in the left lane, when a car in the middle lane, driven by Jorge Cuasqure, entered Jerry's lane, causing him to swerve and fall from his bike. Not knowing he caused the accident, defendant Cuasqure continued driving, but another motorist followed him and gave his plate number to the police.
Jerry fractured two vertebrae, had to wear a halo device for months, and was unable to work for a year, says his attorneys from Kirsch, Stone & Morgan. The case settled for $1.15 million dollars.
$1.15 Million for Workplace Injuries
Williams v. Grove Manufacturing: Plaintiffs Joseph Williams and Peter Soumarkis were standing on a lift platform attempting to secure a machine to the New Jersey Turnpike overpass when the lift struck the overpass and titled, causing Joseph to fall 30 feet to the ground. Joseph was killed and Peter suffered a fractured skull and a closed-head injury. Peter now has short-term memory loss.
Joseph's Estate and Peter filed suit with their attorney, Gregg Alan Stone, Esq., against G.A.R Corp., the equipment distributor, claiming that subpar parts were used in the lift.
Stone also argued that the general contractor, DeFoe Corp., should not have authorized the use of the lift, as it lacked a repair certificate. The case settled for a total of $1.15 million.
$1.025 Million for Unfusable Bone Break
Araujo-Goncalves v. Estate of Takiff: Plaintiff Rita Araujo-Goncalves was driving when she was struck by Evelyn Takiff, who was making a left turn at the intersection. Rita suffered a broken left arm and a torn knee ligament.
Rita was forced to undergo five operations in two years, as her forearm would not fuse, said her attorneys from Kirsch, Stone & Morgan. Due to the surgeries, Rita had extensive scarring on her arm and leg, as well as limited arm mobility.
Kirsch, Stone & Morgan settled the case on Rita's behalf for $1.025 million.
$1 Million for Injured Officer
Keown v. Cristi Cleaning Service: Plaintiff Stephen Keown, an officer of the Port Authority of New York and New Jersey, was forced to retire young due to a slip and fall injury. Minutes before Stephen entered the kitchen in the New Jersey Marine Terminal Headquarters, Cristi Cleaning mopped the floor but failed to place a yellow caution sign.
Stephen sustained an injury to his right trigger finger, when it was crushed between the floor and his holster, according to his attorney, Gregg Alan Stone, Esq. As a result of his injury, Stephen was forced on a disability pension after a career of over a decade with the Authority. The case settled for $1 million.
$1 Million for Failure to Diagnose
Estate of Turkman v. Richmond: Upon arriving at Cooperman Barnabas Medical Center with complaints of abdominal pain, April Turkman was given a CT scan by radiologist John Richmond, M.D. Richmond determined that there were "no acute findings," so he discharged April from the emergency room.
Three months later, April returned with further complaints of abdominal pain and was given a CT scan, which Richmond determined had no abnormalities. Experiencing more pain, April then went to Memorial Sloan Kettering Cancer Center where she was diagnosed with leiomyosarcoma, a rare and aggressive cancer.
Despite surgery and chemotherapy, April passed away at 36, leaving her husband and 6-year old daughter. April's attorney Gregg Alan Stone, Esq. argued that April's chances of survival would have been greater had Richmond diagnosed the tumor at the original emergency visit.
While Richmond's attorney argued that a quicker diagnoses would not have mattered considering the aggressive nature of the cancer, Gregg Alan Stone, Esq. obtained a $1 million settlement for April's Estate. The $1 million settlement was the entirety of Dr. Richmond's policy limits.
$1 Million for Officer's Motorcycle Accident
Koelble v. Pasteur: Motorcycle policeman John Koelble was perusing a fleeing suspect when a car driven by Rutherfor Pasteur coming from the opposite direction tried to turn left in front of him. During the collision, John was thrown to the street. He fractured his right wrist and herniated discs in his neck.
John was left with nerve damage, which diminished feeling in his right shoulder, elbow, and wrist. The case settled for $1.005 million.
$1 Million for Crash Victim
Hexamer v. Minish: Plaintiff Brian Hexamer was at a standstill waiting for a red light on New Jersey Route 70. A truck rear-ended a car three cars behind Brian, according to Brian's attorneys from Kirsch, Stone & Morgan.
Brian suffered cervical disc herniations. Brian was treated with epidural injections and a two-level fusion surgery. The case settled for $1 million.
$992,000 for Fire Victim
Cordero v. Essex Plaza: Plaintiff Jose Cordero and his girlfriend were sleeping in his bedroom when a fire started on Jose's couch, likely caused by a cigarette, according to Kirsch, Stone & Morgan.
While trying to escape, Jose suffered thrid-degree burns on 30% of his body in addition to smoke inhalation, which lead to chronic obstructive pulmonary disease.
Jose was then put in a medically induced coma which left him with a dropped foot and a permanent disability. The suit alleged that the smoke alarm did not sound, due to negligence of Essex Plaza, the owner of the building. Jose was awarded $992,000.
$950,000 For Auto Injuries
Crespo v. Cedeno: Couple Francisco and Anatilde Crespo were driving in slow traffic when they were rear-ended by a tractor-trailer.
Francisco suffered herniated discs in his lumbar spine, requiring a two-level lumbar fusion surgery and the removal of the L4-5 and L5-S1 discs.
The Crespos sued the driver and the company that owed his truck, Preussing North America of Atlanta. The case settled for a total of $950,000.
$900,000 For Auto Injuries
Sullivan v. Mazauskas: Plaintiff Jeanne Sullivan was previously diagnosed with cervical radiculitis, which was successfully treated by a spinal fusion surgery, according Kirsch, Stone and Morgan.
Jeanne was then struck from behind while stopped in traffic, reaggravating her pervious injuries. The accident left Jeanne with complex regional pain syndrome, leaving her permanently disabled. Jeanne then sued the driver of the car that stuck her, and the case settled for $900,000.
$900,000 for Construction Accident
Santos v. Tomaro Construction: Plaintiff Manuel Santos, a subcontractor, was laying pipe in a confined-space hole, when one of the walls collapsed.
Due to the collapse, Manuel fractured his ankle and fibula, and dislocated his tibia. Manuel required a plate, four nails, and six screws to fix his leg.
Kirsch, Stone & Morgan argued that Tomaro was responsible to provide a safe work space for subcontractors and that as a general contractor, Tomaro could not delegate safety responsibilities to a subcontractor. Manuel was awarded $900,000 by the jury.
$800,000 for Loss of a Limb
Polish immigrant Edmund Chalupa was operating a cold-saw machine at C&S Industries.
Edmund was cutting a rod when the saw blades caught the threads of his shirt and pulled his arm into the blade, severing it above the elbow.
Edmund filed suit against BEWO-U.S.A. and Scotchman Industries, the companies responsible for manufacturing and distributing the saw. Edmund also sued Bon-Art International, the parent company of C&S Industries.
Edmund's attorney, Gregg Alan Stone, Esq., argued that the saw's design violated safety standards by not having an emergency shut off button. The case was settled for $800,000.
$800,000 for Motorcycle Injuries
Marcketta v. Goncalves: Steven Marcketta was driving his motorcycle when he was struck by a car driven by Antonio Gonclaves, according to Kirsch, Stone & Morgan.
Steven reached an agreement with Gonclaves' insurance company High Point Insurance Co. for $250,000, but Steven sued Gonclaves for additional damages due to the nature of his injuries. The jury ruled in Steven's favor, and the case settled for $800,000.
$750,000 for Crash Victim
Cifelli v. Passic County: Plaintiff Susan Cifelli was driving south on Route 511, when a car heading in the opposite direction sideswiped her. Susan suffered a left wrist fracture and a disfiguring fracture of the left eye socket.
Attorneys from Kirsch, Stone & Morgan were ready to present evidence at trial that showed the County was liable because the double yellow line that would have guided the other driver along the curve were not clearly visible. The case settled prior to trial for $750,000.
$750,000 for Injured Baker
Canales v. Genmar Holding Co.: Plaintiff David Canales was injured by a 50-year-old hamburger roll-making machine produced by AMF Inc., which was acquired by Genmar Holding.
David's left hand got caught in the machine and was crushed, forcing amputations of his index, middle, and ring finger, as well as forcing him to undergo reconstructive surgery.
Kirsch, Stone & Morgan argued that David's injury was due to the defects in Genmar's machine, and the case settled for $750,000.
$700,000 for Plant Worker's Death
Paul Imperiale worked at J&J Recycling, where he was adjusting the tracking of the belt on one of the machines. Paul fell into the machine. Paul suffered for three minutes before dying of suffocation.
Kirsch, Stone & Morgan argued that the manufacturer should have had guards to protect against pinch points, as per regulations. The case settled for $700,000.
$700,000 for Ambulance Crash
DeMalta et al. v. Bonardi: The plaintiffs, a father and his two kids, were involved in a crash with a private ambulance. The plaintiffs' attorney, Gregg Alan Stone, Esq., argued that the driver of the ambulance did not have his lights or siren activated, and was driving the wrong way down a one-way street.
As a result of the collision, the minor-plaintiff daughter sustained a type II salter fracture in the right femur that required an open reduction surgery and an internal fixation, which caused a leg length disparity. The minor-plaintiff son suffered abdominal injuries that required a splenectomy. The case settled for a total of $700,000.
$650,000 for Slip and Fall
Correia v. Matos: Plaintiff Ana Correia fell on the ice and snow that was covering the steps of her apartment, which was owned by Jose Matos. 12 days later, Ana was driving when she was rear-ended by another vehicle.
As a result of one or both accidents, Ana was forced to undergo two lower back surgeries and undergo psychological therapy.
The case settled for a total of $650,000.
$600,000 for Slip and Fall
Hoffman v. Allan Industries: Plaintiff Madeline Hoffman slipped and fell on wet flooring in the lobby of the office building where she works.
Madeline suffered a broken fifth right metatarsal, which required surgery and internal fixation. Madeline developed deep venous thrombosis after the surgery, requiring self-inject anticoagulants.
Kirsch, Stone & Morgan argued that the building's owner, Allan Industries, was negligent as it did not put rubber matts and warning signs in the lobby. A jury awarded Madeline $600,000.
$600,000 for Rock Wall Fall
Dasilva v. H&S Development Corp. d/b/a New Jersey Rock Gym: Plaintiff Carlos Dasilva was climbing on a rock wall while his son Michael served as his 'belayer,' the person responsible for managing the rope as someone climbs.
Prior to the incident, Michael was given a test by the staff to see if he was capable of acting as a belayer, which he failed.
Despite Michael failing this test, he was still allowed to belay for his father, resulting in Carlos's fall according to Kirsch, Stone & Morgan. Carlos suffered a subdermal hematoma and compression fractures in the L1 and L3 vertebrae. The case settled for $600,000.
$550,000 for Failure to Diagnose
Ferreira v. Unnamed Doctors: Injured plaintiff Joaquim Ferreira was forced to undergo back surgery to repair a herniated disc. After completing the surgery, the neurosurgeon went on vacation, leaving Ferreira in the care of the hospital.
Two days after the surgery, Ferreira told the attending orthopedist that he was unable to control his bladder and bowels, which are both symptoms of cauda equina syndrome, a common condition caused by pressure on the lower spinal curve. Cauda equina syndrome is common after back surgery and is treatable if another surgery is preformed within 48 hours.
The orthopedist's notes indicate that he requested a consultation with the neurologist, but did nothing when he found that the neurologist was on vacation, according to Kirsch, Stone & Morgan.
As a result of the untreated syndrome, Joaquim must wear diapers, has lost sexual function, and cannot control his bowels or bladder. The suit settled for $550,000.
$505,000 for Fatal Accident
Estate of Smith v. Ricketts: 72-year-old Mr. Smith was killed after being struck from behind by Ryan Rickett. Rickett was driving back from New York, where he was drinking with his friends. When his blood was drawn, Rickett had a blood alcohol content of 0.13, well over the legal limit.
Rickett stuck Mr. Smith's car at 94 miles per-hour, according to Kirsch, Stone & Morgan. Rickett pled guilty to vehicular homicide and got a three year sentence. A settlement of $505,000 was awarded to the Smith's Estate
$500,000 for Automobile Injuries
Kennedy v. Blake: Plaintiff Jerome Kennedy claimed he was driving on Cherry Lane when a vehicle turned left into the path of Jerome's pickup truck.
Jerome suffered a fractured left hip, requiring surgery and internal fixation.
Jerome now has progressive arthrosis, and will require a replacement of the left hip joint, said Jerome's lawyer, Gregg Alan Stone, Esq. The case settled for $500,000.
$480,000 for Fall on Cracked Curb
Whyte v. Hillside Estates, et al.: The plaintiff suffered a fall due to a curb that was in disrepair. The trash removal service was responsible for damaging the curb, while the landlord was negligent for failing to fix the curb for over one year, according to Kirsch, Stone & Morgan.
The plaintiff sustained a pulmonary embolism from injuries related to the fall, which caused deep-veined thrombophlebitis. the deep-veined thrombophlebitis led to severe pain and eventually the death of the plaintiff. The case settled for a total of $480,000.
$475,000 for Lost Finger
Plaintiff Marcial Maldonado was a worker for Rotuba Extruders, a company that manufactures plastic covers for fluorescent lights. Marcial was working with a machine that cuts plastic when his left had got caught, according to Kirsch, Stone & Morgan.
As a result of the accident, Marcial lost his left index finger and much of the flesh, tissue, and nerves in his left thumb. To regain partial use of his thumb, Marcial was forced to undergo multiple surgeries, including skin and nerve grafts.
Marcial sued the manufacturer of the machine, Goulding Inc., owned by Cromptom & Knowles; Davis-Standard Inc., alleging that the machine was improperly designed and manufactured. The case was settled for a total of $475,000.
450,000 for Slip and Fall
Robinson v. Holiday Heights Homeowners' Association: Plaintiff Lynette Robinson, a volunteer for the Holiday Heights Homeowners' Association medical team, was walking back to her car parked in a lot owned by the medical team when she slipped on a patch of ice.
Represented by Gregg Alan Stone, Esq., Lynette sued Holiday Heights saying it was their responsibility to maintain the lot. The jury found that Holiday Heights was 100 percent liable for the fall, and awarded Lynette $450,000.
$425,000 for Second Floor Fall
Reynoso v. Neves: Infant Jarod Nieves, 22 months old at the time of the accident, leaned against a window screen and fell, resulting in cognitive disabilities.
Jarod was in the care of the tenants living above the Three Friends Tavern, where his mother, Wanda Reynoso worked, according Kirsch, Stone & Morgan.
Reynoso filed suit against the building owners, claiming they failed to install window guards when they knew the tenants regularly cared for Jarod. The case settled for $425,000.
400,000 for Fatality on a Scooter
Estate of Andy Alexis Pino v. Ha Cheng Fa Enterprises Co. Ltd.: Six-year old Andy Pino was gifted a scooter for his birthday. Pino was riding is scooter across a street when a car struck and killed him.
Pino's family sued the driver and the scooter manufacturer. The plaintiff's claim was that the manufacturers failed to warn consumers that a helmet should be worn.
Pino's attorney, Gregg Alan Stone, Esq., argued that there was no warning on the scooter's packaging. Also, commercials involving the scooter show a boy doing tricks without a helmet. The case settled for a total of $400,000.
$400,000 for Slip and Fall
Milito v. Ballyowen Golf Club: Plaintiff Stacey Milito, a former beverage cart attendant at Ballyowen Golf Club, slipped and fell on the stairs.
In the fall, Stacey suffered four fractured vertebrae. Now she can no longer lift items over 25 pounds. According to Kirsch, Stone & Morgan, the stairs were not equipped with rubber strips or other materials for traction, causing Stacey's fall. The case settled for $400,000.
$357,500 for Go-Cart Accident
Plaintiff Myra Yepez was go-carting at the Sports 'N Games Funplex on Route 10, where she lost control of her go-cart and struck the track side wall.
Myra suffered severe internal injuries and required surgery to remove a two-foot section of perforated bowls.
Kirsch, Stone & Morgan argued that the plaintiff should not have been able to drive a go-cart due to her inexperience, but the track attendants were not trained to recognize this. Myra was awarded $357,500 by the jury.
$300,000 for Auto Injuries
Vigilance v. Tango: Plaintiff Elizabeth Vigilance was exiting the Golden State Parkway when she was struck by another vehicle.
The crash aggravated Elizabeth's degenerative disc disease, as well as causing spine problems and nerve damage. The jury blamed the driver of the other vehicle for the accident, and it was later settled for a total of $300,000.
$275,000 for Passenger's Auto Injuries
Eliana Payano v. Journal Square Path Inc.: Plaintiff Eliana Payano was a passenger in a YMCA van when she was struck from behind by a truck owned by Journal Square Parking Inc.
The van was stopped in traffic and the other driver attempted to swerve around it, but struck the van from the left side, according Kirsch, Stone & Morgan.
Eliana underwent six months of chiropractic treatment, but an MRI showed that she had a bulging and herniated disc. Eliana was awarded $275,000 by the jury.
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