Awards, Verdicts, Settlements

April 2013, Denville, NJ

Thomas F. Dorn, Jr.,  certified workers' compensation and certified civil trial attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $140,000 settlement for a workers' compensation case.  Mr. Dorn took over the representation of the Petitioner from another attorney.  Petitioner had tripped on a crack in the sidwalk outside of her place of employment.  She underwent several surgeries to her leg and lower back.  The firm of Einhorn Harris also referred Petitioner to a legal malpractice attorney because her original attorney did not pursue a negligence case against the company that maintained the sidewalk.

April 2013, Denville, NJ

Thomas F. Dorn, Jr., certified workers' compensation and certified trial attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $137,000 settlement for a slip and fall in a mall store.  The plaintiff was walking on a floor that was being waxed at a mall when he slipped and fell, suffering a fractured hip.  Plaintiff contended that there were no warning cones or signs in the area where the floor was being waxed.  The store and maintenance company defendants raised trespass issues and also alleged that the plantiff knowingly walked on a floor being waxed without warning cones.  The case was settled for $137,000 after an arbitration hearing.

April 2013, Denville, NJ

Thomas F. Dorn, Jr., certified workers' compensation and certified trial attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $125,000 settlement for a workers' compensation case.  The Petitioner worked for the State of New Jersey when she tripped over a computer wire and injured her knee and low back. She underwent surgery for her injuries.  The defense's docter did not relate the low back injury to the accident but after Mr. Dorn's argument for his client the judge included the injury in the settlement.

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement for an automobile accident.  The plaintiff is approximately 49 years of age.  He was a passenger in a vehicle that was traveling through an intersection when another vehicle disregarded a stop sign.  The plaintiff, at the time of the accident, was already receiving permanent disability for injuries sustained to his ankle and knee as a result of a prior work related fall off of a ladder.  He had never injured his neck prior to the accident and as a result of it when conservative care failed he underwent anterior cervical discectomy and fusion surgery.  Discovery was extensive exploring the past medical history of the plaintiff but his case was ultimately resolved prior to trial for the amount of $212,500.00.

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $212,500 settlement for an automobile accident.  The plaintiff is presently 46 years of age. She was traveling west on North Park Drive approaching its intersection with Route 519 in the township of Newton when another vehicle disregarded a stop sign.  As a result of the accident she injured her neck and underwent anterior cervical discectomy and fusion surgery for a central and left sided herniated disc as C6-7 with insertion of a single prosthetic device and titanium locking plate.  After extensive discovery and depositions, her case was settled for $212,500.00.  She had no prior history of any neck injuries.

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $105,000 settlement for an injury incurred in a restaurant/bar.  Plaintiff is approximately 40 years of age and she went out with her girlfriends to a local bar restaurant in January of 2012 at which time she slipped and fell on a beer soaked floor outside the ladies room.  There were no cones or other warning devices regarding the floor and an employee was actually sweeping outside the bathroom trying to clean up the beer soaked floor without putting any type of warning device to alert customers that the floor was so wet.  As a result of her fall she sustained a comminuted fracture of the left distal radius requiring open reduction and internal fixation with the insertion of a wrist plate and 5 locking cortical screws.  Her case was resolved prior to trial for $105,000.00.  The defense did not dispute the injury but greatly disputed that it was liable in any way because it had no notice of the allegedly dangerous condition. 

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for an rear end collision.  This Firm represented a plaintiff who was approximately 42 years of age in March 2011 when he was traveling approximately 55 MPH on Route 80 West.  While traveling at that speed he was struck in the rear by another vehicle that was traveling faster than his.   The defendant was intoxicated at the time of the accident.  The plaintiff sustained neck and back injuries and after conservative therapy and injections failed, he underwent lumbar discectomy and fusion surgery for a herniated disc at L3-4.  The amount of insurance was limited with respect to his injury and for this fact alone the case was settled prior to trial for the $100,000.00 policy limit of the defendant. 

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $92,500 settlement for an automobile accident.This Firm represented a 58 years old plaintiff.  He was stopped with his left turn signal activated and waiting for traffic to clear in order to make a left turn when he was struck in the rear. The defendant was looking down to change his radio when he struck the plaintiff in the rear.  The plaintiff had a very serious pre-existing history with regard to his lower back.  He had previously undergone partial disc laminectomy and fusion at L5-S1 and as a result of this accident he exacerbated that pre-existing condition and accelerated a pre-existing asymptomatic and non-acute disc bulge at L4-5 resulting in a severe right sided disc herniation at that level for which he underwent anterior lumbar discectomy and fusion surgery at L4-5.  The amount of insurance available to recover from the defendant was limited.  Because of this single fact, this case was settled for $92,500 prior to trial.

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $35,000 settlement for an automobile accident.  The plaintiff is presently 39 years of age and she was stopped in traffic on Route 440 in Woodbridge when she was struck in the rear of June of 2010.  The defendant told the police officer that her GPS fell and she bent over to grab it and did not see traffic stopped.  She admitted that she took her eyes off the road and received a careless driving ticket.  As a result of the accident, the plaintiff sustained a cervical herniated disc at C5-6 and underwent a conservative course of treatment.  She did not have surgery with regard to her injury.  Her case was resolved prior to trial for $35,000.00 at a bar panel conference in Middlesex County.  The defense argued that she did not have herniated disc and any injury to her was degenerative in nature and not related to the automobile accident. 

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $37,500 settlement for an motorcycle accident.  Plaintiff was a young man operating a motorcycle which was traveling on Route 10 East when a motor vehicle switched from the middle lane to his lane striking his motorcycle and causing him to be ejected from it.  The plaintiff was fortunate in that he sustained some minor road rash and some bulging discs for which he underwent conservative care only as a result of his fall.  The defendant was operating a vehicle that did not carry liability insurance but after extensive investigation it was learned that the operator of the vehicle lived with her parents who did have an automobile insurance policy which became applicable to the plaintiff's injuries.  Prior to trial the case was settled for $37,500.00 after extensive discovery. 

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement for an automobile accident. The plaintiff is 78 years of age.  He was traveling south on Tabor Road approaching its intersection of Park Place in Parsippany, when another vehicle disregarded a stop sign and struck his vehicle.  The force of the impact was so great that it caused approximately $6,000.00 in property damage.  Anthony Ricci sustained a disc herniation at C6-7 and aggravated pre-existing asymptomatic arthritis at C3-4, C4-5 and C5-6, which resulted in anterior cervical discectomy and fusion at three levels.  The defense argued that given Plaintiff’s advanced age, that the condition in his cervical spine was related to pre-existing degenerative problems and had nothing to do with the accident.  Prior to trial, case was settled for $250,000.00, which was the applicable policy limit for the defendant.

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a rear end collision. In October of 2011 Plaintiff was stopped and her vehicle was struck in the rear.  As a result of the accident, her vehicle was totaled and she sustained a herniated disc at C5-6, for which he underwent anterior cervical discectomy and fusion surgery.  The defendant had a $100,000.00 policy limit applicable to bodily injury for the accident, with no substantial assets.  The case was settled prior to trial for the policy limit of $100,000.00.

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a passenger who was injured in a rear end collision. Plaintiff was injured when he was sitting in the rear seat of a vehicle in which his wife was operating.  While the stopped the vehicle was struck in the rear and the plaintiff injured his back, sustaining a herniated disc, which required posterior lumbar discectomy and fusion surgery.  The defendant had a limit of liability for bodily injury on his automobile insurance policy of $100,000.00, which was collected in full by plaintiff prior to trial.

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $75,000 settlement for the passenger injured in a head on collision. In November of 2010, the plaintiff  was a front seat passenger in a vehicle operated by his wife, which was traveling on Route 513 in Lebanon.  At that time, another vehicle while negotiating a curve crossed the double yellow line and struck the vehicle in which the plaintiff was a passenger head on.  As a result of the accident, his only injury was a large laceration of unknown depth to his forehead which required 20 stitches to close, leaving a visible scar.  On the evening of the trial, the case was settled with the defendant’s insurance company for $75,000.00.

February 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $300,000 settlement for an tractor trailer accident. Plaintiff was on Route 287 North in New Jersey when he was struck in the rear by a tractor trailer.  The impact was substantial and was with such severity that it broke the Plaintiff's seet.  He was taken by ambulance to the hospital but had never complained about neck pain until approximately three months after the accident.  He was ultimately diagnosed with a herniated disc in his neck and after a series of epidural injections failed to relieve his pain, he underwent anterior cervical discectomy and fusion surgery at two levels.   The defense argued that the neck injury was unrelated to the automobile accident because of the lack of immediate complaints and that it was degenerative in nature.  The case was venued in Federal Court and was settled prior to trial for $300,000.   

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $450,000 settlement for an automobile accident. Plaintiff was stopped at a red light with another car stopped behind him.  A third driver approaching the light took his eyes off the road for a moment and did not apply his brakes, striking the second car at approximately 45 mph  which in turn rammed into the plaintiff's car in a chain reaction accident.  The Plaintiff suffered a herniated disc and degenerative disc disease.  He underwent posterior decompression and fusion surgery with interbody grafting and lumbar instrumentation.  The defense argued that the Plaintiff had degenerative disc disease prior to this accident and that the positive findings revealed on his MRI and ultimate surgery were not related to the accident. The case was settled prior to trial for $450,000. 

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $325,000 settlement for an automobile accident. Plaintiff was 57 years old and stopped at an intersection waiting to make a left turn when she was struck in the rear by a commercial vehicle.  As a result of the accident she sustained herniated discs at C5-6 and C6-7 which encroached on the anterior aspect of her spinal canal and spinal cord.  She underwent conservative treatment which included an abnormal upper extremity EMG test.  She also tore the medial meniscus in her knee.  She underwent arthroscopic surgery to repair the torn medial meniscus in her knee and anterior cervical discectomy and fusion surgery at two levels in her cervical spine.  The defense contended that the injury to her neck was not related to the automobile accident, but, rather, a pre-existing degenerative problem.  Her case was settled after picking a jury for $325,000.00.

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $235,000 settlement for an automobile accident. Plaintiff is 20 years old and was stopped for traffic when struck in the rear by another vehicle which received a careless driving ticket at the accident scene.  After conservative treatment and injection therapy failed to relieve her pain for a herniated disc in her cervical spine, she underwent anterior cervical discectomy and fusion surgery at one level.  Her case was settled with Allstate Insurance Company prior to trial for $235,000.00.

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $200,000 settlement for an automobile accident.  Plaintiff was a 51 year old left hand dominant female who was stopped at an intersection and then started to proceed when her light changed, when she was struck by another vehicle who disregarded the light.  She was diagnosed with a herniated disc at C4-5 and a positive upper extremity EMG at that level.  After conservative care and injection therapy failed, she underwent anterior cervical discectomy and decompression with interbody fusion.  Her case was resolved prior to trial for $200,000.00.

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement for an automobile accident. Plaintiff was 68 years of age when a UPS truck made a sharp left turn directly in front of her vehicle, causing approximately $12,000.00 in property damage.  As a result of the accident, she sustained herniated discs at C2-3 and C3-4.  After conservative care and injection therapy failed to relieve her pain, she underwent anterior cervical discectomy and fusion surgery at one level.  The defense contended that given her advanced age, her disc herniations were degenerative in nature and not caused by the accident.  Her case was resolved prior to trial for $187,500.00.

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for an automobile accident caused by reckless driving. Plaintiff was a 42 year old passenger in a red Ferrari Testarossa operated by his friend, traveling to a local fireworks display.  His friend was operating the Ferrari recklessly and at a high rate of speed and crossed over the double yellow line, striking another vehicle head on.  His friend received a ticket for reckless driving as a result of the accident.  The plaintiff sustained a collapsed right lung, a fracture of the sternum, bilateral rib fractures, a fracture of the spine of the right scapula and facial scarring over the right eyebrow which required suturing, as well as injuries to his neck and his back.  While the case was worth well in excess of the policy limit of his friend, his friend had no substantial assets and the case was settled for the $100,000.00 policy limit available. 

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $50,000 settlement for a motorcycle accident. Plaintiff was a 53 year old passenger on a motorcycle operated by her boyfriend, when she noticed a small bear climbing over the side guard rail.  Her boyfriend was not paying attention, glancing at his gages on the motorcycle and did not see the bear climbing over the guard rail.  Her boyfriend admitted that he did not observe the bear until he was 5 feet away from the bear, traveling at approximately 40 MPH.  He made no attempt to avoid the bear and drove his motorcycle directly into it.  As a result of the collision with the bear, the plaintiff was launched off the motorcycle approximately 15 feet, and sustained a comminuted distal radial fracture with intra ocular extension which involved the radio styloid of her right wrist.  She also sustained a triquetral fracture of the left wrist.  Prior to trial, her case was resolved for $50,000.00.

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $35,000 settlement for an injury sustained in a big box store. Plaintiff was a 66 year old business invitee at the Lowe’s Department Store, attempting to pick up a patio table that had been previously ordered online.  While waiting at the customer service desk in flip flop shoes for the table to be retrieved, a store employee brought the table and put it down to retrieve a shopping basket that was positioned next to the triangular product display in the customer service area.  The employee tried to squeeze between the display and the shopping cart and in the process, knocked the display over onto the plaintiff’s left foot.  Plaintiff sustained a four inch laceration across the top of her left foot requiring stitching with residual scarring and a non-displaced fracture at the base of the third metatarsal of the left foot.  The case was settled prior to trial for $35,000.00.

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement for a automobile accident.  Plaintiff was stopped and struck in the rear by a tractor trailer, but the impact was relatively minor.  He claimed injuries to his neck and underwent anterior cervical diskectomy and fusion surgery from which he made an excellent recovery.  The defense argued that the injuries were not caused by the accident, but were related to a long standing degenerative condition in his neck and that the accident itself was very minor.  Christopher L. Musmannol settled the case prior to trial for $250.000.

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces an $85,000 settlement.   Mr. Musmanno represented a young college student who was stopped at a stop sign when another vehicle made too wide of a turn, striking her vehicle head-on and causing her airbag to deploy.  Her primary injury related to her eye.  While her visio remained 20/20, she was left with a small spot in her vision which the doctors agreed could not be treated or rectified.  She continues to be able to participate in school majoring in art and was able to draw.  Her case was settled for $85,000 prior to trial.

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $65,000 arbitration award an automobile accident.  The plaintiff's vehicle became disable and he activated his emergency hazard lights and pulled his vehicle over to side of the road.   While stopped or stopping, he was struck in the rear by the defendant's vehicle.  The plaintiff had undergone right knee and left shoulder surgeries before the accident occurred, but after the accident he required additional surgeries for those body parts.  The defense argued that the injury sustained to the plaintiff were preexisting and not related to the accident and any additional surgerie were not related to the accident.  The case was settled in arbitration and award of $65,000 was made.

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $50,000 settlement for a automobile accident in which the plaintiff's car was stopped and struck in the rear.  She sustained a herniate disc in her lower back for which she recieved moths of therapy.  Her case was settled for $50,000 prior to trial.

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $200,000 settlement for a automobile accident.  The plaintiff's vehicle was broadsided when another vehicle disregarded a red traffic signal.  She aggravated a pre-existing degenerative condition on her back for which surgery was required.  After a lawsuit was filed, her case proceeded to court arbitration where she was awarded $35,000.   Dissatisfied with such a low arbitration award, the plaintiff rejected it and proceeded to trial.  Her case was settled prior to trial for $200,000.

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $300,000 settlement for a automobile accident.  An elderly woman was a passenger in her friend's vehicle.  Her friend got something in his eye, crossed the double yellow line and struck a box truck head on.  She fractured her dominant right hand requiring open reduction and internal fixation with a plate and aggravated her arthritic knee, necessitating total knee replacement.   Three days prior to trial, after the plaintiff's expert was deposed on videotape, the defendant's insurer relented and tendered its $300,000 policy limit.   

October 2012, Denville, NJ

Thomas F. Dorn, Jr., workers' compensation and personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $88,000 settlement in Middlesex County Superior court for a plaintiff who sliffed and fel at work due to a wazy floor.   The plaintiff also received a workers' compensation settlement due to the fact that she was working when the accident happened.  Plaintiff underwent arthrospopic surgery.   

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a automobile accident.  Plaintiff's vehicle was stopped and struck on from behind which necessitated back surgery.  The defendant's insurer tendered its $100,000 policy limit permitting the plaintiff to make an undersinsured motorist claim to collect additional monies. 

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement for a automobile accident.  The plaintiff was a passanger in his wife's vehicle when she disregarded a stop sign.  Her vision was partially obstructed by an illegally parked vehicle.  As a result, he underwent back surgery.  During jury selection at trial, his case was settled for a total of $150,000.

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement for a automobile accident.  A child was a passenger in a vehicle that was struck head on by another car.  He aggravated a congenital kidney condition requiring surgery.  His case was settled for the $100,000 policy limit prior to trial.  The driver in the same vehicle received $50,000 for a foot injury.

September 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $42,000 Verdict for a automobile accident.  The plaintiff's sustained an unoperated herniated disc in an accident when she was struck in the rear.  The defendant offered no money prior to trial claiming that the plaintiff's injury did not fall within any of the enumerated exceptions to the lawsuit limitation statute.  With the assistance of a Spanish interpreter, the case proceeded to trial with a jury verdict in the plaintiff's favor in the amount of $42,000.

August 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $142,500 settlement for a automobile accident.  The plaintiff's vehicle was struck in the rear resulting in a Knee injury which required surgery.   Her back and neck were also injured.  She recieved $87,500.00 for her injuries.  Her passenger, who sustained a carpel tunnel injury requiring wrist surgery, received $55,000 prior to trial. 

August 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement.  The plaintiff fell on ice at his apartment complex.  This fall aggravated his pre-existing kidney condition form Grade 4 Kidney Failure to Grade 5, requiring permanent dialysis.  The defense argued that the plaintiff's condition was already so bad it would have deterriorated to end state renal disease irrespective of the fall and that the fall did not aggravate the condition.  However, Mr. Musmanno was able to settle the case for $150,000.00

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a automobile accident.  The plaintiff was struck in the rear by another vehicle; as a result he needed toundergo knee, neck and back surgeries.  Unfortunately, the defendent possessed a $100,000 policy limite which was tendered after litigation was filed. 

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a pedestrian who was hit in a cross walk.  Plaintiff was walking in a crosswalk when she was struck by a motor vehicle causing a fracture to her leg and necessitating ankle surgery.  The defendant tendered it's $15,000 policy limit.  The Plaintiff possessed underinsured motorist coverage for bodily injury and was given another $85,000 for a total of $100,000 prior to litigation.

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $80,000 settlement for a automobile accident.  The plaintiff was struck in the rear while driving outside the state in Pennsylvania, but in the course of his employment causing a shoulder injury.  The injury required shoulder surgery.  Suit was filed in federal court and settled prior to trial for $80,000.  Einhorn Harris Ascher Babarito & Frost is also handling the plaintiff's workers compensation claim for permanent partial disability. 

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $232,500 settlement for a automobile accident.  A high school student was in the back middle seat in a car packed with her friends.  She was wearing a seatbelt.  Returning from a trip to McDonald's, the driver lost control of the vehicle causing it to flilp several times.  The Plaintiff, an accomplished soccer player with scholarship offers to college pending was injured in the accident, breaking several bones in her hips, back and ribs.  She has been unable to play soccer since and will not be able to play in the future.  Limited by the amount of available insurance, the case was settled the day before the trial for $232,500. 

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $375,000 settlement for a automobile accident caused by garbage truck.  The plaintiff was operating her vehicle on a rural highway when a commerical garbage truck thought it could make it across the highway froma stop sign and failed.  The plaintiff had her first of two ankle surgeries, but while she was on the operating table, she suffered a stress induced heart problem rquiring a catheratization procedure.  The ankle surgeries and the heart procedures were related to the accident and the case was settled prior to trial for $375,000.

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $45,000 settlement for a car accident.  Plaintiff was rear-ended by another vehicle.  Three months prior to the accident the plaintiff had undergone Carpal Tunnel Release Surgery.  As a result of the accident, his syptomes post surgically increased and he was forced to undergo a second surgery.  The case setted at the time of trial for $45,000.

July 2012, Denville, NJ

Thomas F. Dorn, Jr.,  workers' compensation and personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $270,000 settlement for a pedestrian struck by a motor vehicle.  The pedestrian was crossing the street in Dover, NJ when she was hit by a car sustaining significan fractures to both legs and developing a blood clot followiong surgery to her right leg.  There were issues of liability due to the fact that both the pedestrian and the driver of the car contended that their ight was green.  The case was settled followiogn an arbitration in court.

July 2012, Denville, NJ

Thomas F. Dorn, Jr., workers' compensation and personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement in Mt. Arlington's workers' compensation court for an occupational claim by a pipefitter contending that the strenuous nature of her work caused her to develop back and neck problems resulting in surgeries to both areas.  The insurance company agrued that her neck and back problems were not work related.   The case settled prior to trial.  A significant ERISA health care lien was compromised in order to settle the case.

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $35,000 settlement for a plaintiff who was hurt when she fell on a broken sidewalk.   The plaintiff had bad knees since she was a teenager and had several surgeries prior to the accident.  When she was visiting her mother, she fell on a broken sidewalk at the mother's apartment complex which resulted in her having to have arthroscopic surgery. Christopher L. Musmanno was able to prove that the owner of the complex had prior knowledge of the dangerous condition of the sidewalk.  The sidewalk was immediately repaired after the plaintiff's fall.  The case was settled for $35,000 prior to trial.

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $310,000 settlement for a fast food employee who was injured in a slip and fall accident,  A Burger King employee slipped an fell on ice the restaurant's parking lot and aggravated a pre-existing back condition that required surgery.  A law suit was filed against the snow plowing company for negligent removeal ofsnow and ice.  The case was settled 2 days prior to trial for $310,000.

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $195,000 settlement for a plaintiff who was struck by a distracted driver.  The defendent had just bought a brand new Mercedes Benz and was unfamiliar with how it operated.  He took his eyes off the road when trying to activate the windshield wipers and disregarded a stop sign, stricking the Plaintiff's vehicle.  The plaintiff underwent neck surgery as a result.  The case was settled prior to trial for $195,000.

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $200,000 settlement for a woman injured while in a hospital.  A woman slipped and fell on water in the hallway outside the hospital's cafeteria.  The hospital claimed to have no notice of the water prior to the fall which severely injured the woman.   The plaintiff underwent anterior cervical discectomy and fusion and her case was settled for $200,000 prior to trial.

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $112,500 settlement for a teenager who was struck by a distracted driver.  The Plaintiff, an 80 year old woman who had previously undergone partial knee replacement with a prior recommendation for a total knee replacement was stopped and struck in the rear while as a passenger in a car.  Aggravation of a pre-existing problem was alleged despite the prior recommendaiton  prior to the accidnet that the total knee replacement be performed.  After the accident, the plaintiff underwent the total knee replacement.  Her case was settled prior to trial for $112,500.

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $165,000 settlement for a construction worker hit by a car.  The plaintiff, a construction worker, after a heated argument with a Town employee, was standing too close to the Town employee's car as he sped away.  The Town employee ran over the plaintiff's foot requiring the construction worker to have knee and ankle surgery.  The town and it's employee was sued under Title 59 and the case was settled prior to trial for $165,000.

May 2012, Denville, NJ

Thomas F. Dorn, Jr., workers' compensation and personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a 100% total disability award in Mt. Arlington worker's compensation court for an occupational claim in which the injured worker claimed that years of exposure to chromium and nickel fumes as a welder caused him to develop lung cancer.  The insurance company argued that the worker's prior cigarette smoking was the cause of his cancer.   After a trial, the judge ruled in favor of the injured worker, awarding him total disability and entitling him to weekly disabilty benefits and medical treatment for his lung cancer for the rest of his life. 

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $70,000 settlement for a teenager who was struck by a distracted driver.  The Plaintiff, a cross contry runner at her local high school was hit by a driver who was distracted using his cell phone.  She sustained a concussion and mild scarring.  Her case was settled prior to trial for $70,000.

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $20,000 settlement. The plaintiff, a pregnant woman, fractured her 5 metatarsal when she stepped into a hole while exiting her vehicle in an apartment complex.  Prior to trial, the case was settled by the owners of the apartment complex for $20,000.

February 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $30,000 settlement. A 65 year old man with history of knee problems was struck in the rear by another vehicle which aggravated his prior knee condition resulting in arthroscopic surgery.  Prior to trial his case was settled for $30,000.

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $400,000 settlement. The Defendant, a doctor, injected the plaintiff's knee with an unknown steroid in an unknown amount.  The Doctor argued that the plaintiff's knee was not infected priort to the time of the injection, but neglected to review her prior medical records.  The plaintiff's knee became septic, requiring major surgery and intravenous antibiotics.  Prior to trial the Doctor settled the case for $400.000.

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $275,000 settlement. Defendant disregarded a stop sign causing an accident in which the plaintiff severely injured his neck.  This necessitated that the plaintiff undergo surgery for two herniated discs.  The case was settled prior to trial for $275,000.

February 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $55,000 settlement. BG was operating an 18 wheel tractor trailer and disregarded a stop sign when another vehical struck his trailer.  When exiting the truck after the accident, his back went into spasms, causing him to fall and break leg.  The case was settled for $55,000 from the defendant's insurer. .

February 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for a neck injury.  JH was struck in the rear by another vehicle resultingn in a herniated disc in her neck and requiring surgery.  Her case was settled for $100,000 available from the defendant's insurance policy. 

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $65,000 settlement after arbitration.  BW walked into a "big box store" and slipped and fell on water causing injury to her back.  After securing the store's survellience camera video tapes, it was proven that the store was inadequately staffed and failed to have a regular inspection policy in place.   The Plaintiff settled her case in federal court for $65,000 after abritration. 

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $47,000 settlement for a knee injury.  A 25 year old tennis instructor tore the meniscus in his knee when another vehicle disregarded a stop sign.  Prior to trial, the defendant's insurer paid to settle the claim.

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $60,000 settlement in an auto accident case. The plaintiff was stopped when struck in the rear by an uninsured vehicle resulting in a shoulder injury which required surgery.  The case was settled prior to trial by her uninsured motorist insurer for $60,000.

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $90,000 settlement in an accident caused by low hanging wires.  Plaintiff, DT, was a leasing a residential home.  While riding his ATV on the property, his neck came in contact with a low hanging wire owned by major telecommunications company and he was thrown from the vehicle injuring his back and resulting in surgery to correct.  The telecommunications company claimed that it had no notice of the low haging wire.  Mr. Musmanno was able to successfully argue that the injury was not preexisting as the defendants claimed, and the case was settled before trial for $90,000.

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $50,000 settlement in an injury incurred in a major retail outlet.  A child was running throught the aisles of a major retail outlet prior to Christmas.  The major retail outlet had merchandise displayed in the aisle, effectively reducing the width of the aisle by half.  The child tripped, fell into the merchandise and resulting in scarring to the child's face.  The retailer argued that the aise was of sufficient width, even with the merchandise displays and argued the injury was casued by the child's running.  Mr. Musmanno was able to successfully setting the case prior to trial for $50,000. 

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $55,000 settlement in an auto accident case.  CR was operating his pickup truck and pulling into his driveway when he was struck in the rear by a drunk driver.  CR herniated a disc in his back.  As a result, he had to undergo arthroscopic surgery on his knee.   The defense argued tht the plaintiff's injuries were actually caused as a result of his college football career many years back.  Mr. Musmanno was able to argue to the contrary and the case was settled prior to trial for $55,000.

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement in an auto accident case.  FS was travelling on a Union County road when a vehicle operated by a 17 year old, inexperienced driver crossed into his lane and side-swiped his car.  FS underwent surgery for a torn rotator cuff and back surgery.  The defense argued that his back conditon was preexisting and was caused by his many years at his job in construction.  Mr. Musmanno was able to successfully argue to the contrary and the defendant's insurer paid $150,000 to settle the case prior to trial.

December 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement in an pedestrian accident.   JC went for a jog.   He came across a crosswalk with a blinking stop sign and began to jog across the street within the crosswalk.  He was struck by an an oncoming vehicle shattering hsi leg which requried surgery to both his leg and shoulder.  He settled the case with the driver for $250,000 which represented the driver's auto insurance policy limit as well as the limit of inusrance on his policy for underinsurance benefits. 

December 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $90,000 settlement in a slip and fall case.  KC was removing her handicapped child from her car for treatment when she slipped and fell on ice in the parking log of the medical facility.  She herniated a disc in her back.  The owner of the parking lot and the plowing complany jointly settled the case prior to trial. 

December 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $550,000 settlement in an auto accident case.  PB was stopped and struck in the rear.  She injured her low back and underwent lumbar discectomy and fusion surgery for her injuries.  With the assistance of a mediator, her case was settled for $550,000 prior to trial.  PB owned a retail business and her ability to perform her job was significantly affected by her injuries.

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $2.7-Million settlement in the case of Sandro Mazzola and Caroline Mazzola, his wife, vs. defendant oil company, et. al. On Thursday, June 5th, 2008, the plaintiff, Sandro Mazzola, a general foreman for a plumbing subcontractor of the third party defendant general contractor, was struck and run over by the defendant oil company’s truck when the driver backed up his fuel truck with no assistance of a flag man, traveling the wrong way down a one-way street, Madison Avenue in Hoboken. Mr. Mazzola could not get out of the path of the fuel truck in time to avoid the accident.

October 2011, Denville, NJ

Thomas F. Dorn, Jr., personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $260,000 settlement.  Plaintiff slipped and fell on snowy/icy condition in a residential driveway while he was there to install a fireplace.  Defendant was acting as his own contractor and had failed to ensure that his drieway was clear of snow and ice.  Plaintiff underwent surgery for a fractured ankle and later developed deep vein thrombosis whcih requred hospitalization.  Mr. Dorn was also able to file a Workers' Compensation Claim which was awarded to the plaintiff. 

June 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a 175,000 settlement for plaintiff, an infant, who was injured after he fell down into a septic tank during a backyard barbeque. 

March 2011, Denville, NJ

Thomas F. Dorn, Jr., personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a 94,000 settlement for a plaintiff who was injured in a motor vehicle accident. The defenedant failed to notice warning signs about ice on the road and her vehicle went into opposing traffic, striking plaintiff's vehicle and aggravating an previously operated upon injury to his neck. 

May 2011, Denville, NJ

Thomas F. Dorn, Jr., personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a 325,000 settlement for a plaintiff who was injured in a slip[ and fall on black ice in an apartment building complex parking lot. He underwent surgery for a severly fractured ankle and later had a spinal stimulator inserted to alleviate his foot pain. Plaintiff produced testimony taht defendant had failed to inspect, salt/sand and maintain parking lot which let to plaintiff's fall. 

02/09/10 DENVILLE, NJ

Christopher Musmanno, attorney for Michael Limper of Brick, NJ, in the matter of Michael Limper vs. unnamed General Contractor, Schindler Elevator Corp, and other persons, partnerships and or corporations, announces a Personal Injury settlement of $2.625 Million for his client reached on January 13, 2010.

Mr. Limper, thirty-four years old at the time, was the victim in a construction accident on April 22, 2006, in which he was critically injured after falling into an escalator pit. The pit was approximately 8 feet wide, 15 feet long and 4 feet deep. The temporary lighting at the site was alleged to be poor and the floor was alleged to be scattered with debris and construction materials. On the day of the accident, a Saturday, an inexperienced project engineer was left to supervise the work site. The escalator pit had previously been guarded by wooden barriers, which had been removed to provide access to the ceiling area above for installing a top track for stud walls. The escalators had been delivered the previous day and had been placed on rolling dollies and placed over the pit where the previous guarding had been removed. Mr. Limper was unaware that the escalators positioned over the pit were rolled away because he was working in another area of the building. At the end of the day, as he walked toward a gang box to store his tools as he was directed to do, he stepped into the uncovered pit in the floor, fell and was severely injured.

Mr. Limper was admitted to Somerset Medical Center with a complex comminuted fracture (a fracture in which bone is broken, splintered or crushed into a number of pieces) of the distal tibia extending to the ankle joint with a marked distortion of the ankle joint. In addition, he suffered a widening of the lateral ankle joint due to the injury.

Mr. Limper's injuries required a number of complex and painful operations:

• His first surgery involved a complex procedure to repair his ankle.
• The second surgery addressed the injury to an extremely comminuted right distal tibial fracture and other work on the ankle and pin sites.
• He was re-admitted to Morristown Memorial Hospital to undergo another operation to address an infected wound with acute osteomyelitis (bone infection) of the right ankle fracture.
• The infection reoccurred and required additional surgery.

Finally, due to continuing complications, on October 26, 2006, his doctors concluded they would be unable to save his right leg. After numerous painful surgeries, Mr. Limper ultimately underwent an operation to amputate his right leg below the knee at Morristown Memorial Hospital.

Later, Michael Limper developed Multiple Sclerosis following his traumatic amputation. His doctor advised that, in the absence of prior symptoms, it is likely that Mr. Limper's Multiple Sclerosis was "brought on" or exacerbated by this injury.

An OSHA expert (Occupational Safety and Health Administration) reported that the cause of the accident was a failure to properly safeguard a hole in the floor on the construction site. OSHA requires that the general contractor has overall responsibility for safety at a construction site, and on the day of the accident, the guards in place around the escalator pit were removed prior to the escalators being placed over the pit. OSHA further determined that the use of escalators resting on wheeled dollies as guards is also a violation of OSHA. Using equipment on wheels as a guard only invites workers to wheel the equipment out of the way. The plaintiff's expert reports and witnesses provided deposition testimony attesting to multiple failures on the part of the defendants to properly implement safety and health management programs and to properly schedule the work at the job.

The settlement of $2.625 Million reached on January 13, 2010, and was intended to compensate Mr. Limper for the past, present and future pain, suffering and disability, which he sustained as a result of this accident.

Mr. Musmanno is Counsel at the firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC, and concentrates his practice in Personal Injury litigation. He concentrates in personal injury matters with a specific concentration in automobile, slip-and-fall and workplace accident cases. With extensive experience in civil trials, Musmanno has developed a strong track record in representing clients as plaintiffs in the above-described areas. He obtained his J.D. in 1988 from Seton Hall University School of Law, Newark. Musmanno was admitted to the New Jersey and Pennsylvania bars in 1988 and the New York bar in 1995. Contact Chris Musmanno at 973-627-7300.

Christopher Musmanno, Esq., attorney for Daniel Dragonetti of Roxbury, NJ, in the case of Dragonetti v Matusewicz, announces a Personal Injury case settlement of $600,000 for his client, who was the victim in a motorcycle accident in 2007. The settlement helped pay for Mr. Dragonetti's medical bills, which were not covered by his own insurance. Negotiating with various medical providers, Musmanno, Counsel at the firm of Einhorn, Harris, Ascher, Barbarito & Frost P.C., Denville, NJ, not only won his client the maximum available insurance proceeds, but was able to manage the complex insurance issues in the case to minimize the out of pocket costs of his medical and rehab care through negotiating with various medical providers.

On September 23rd, 2007, Daniel Dragonetti, age 41 of Jefferson Twp. was traveling East on Howard Blvd. when his motorcycle was struck at the three-way intersection by a borrowed Green Explorer operated by John Matusewicz age 49, also of Roxbury. Matusewicz was making a left turn from Espanong Rd. onto Minnisink Road and came into contact with the motorcycle on the victim's side of the road. As a result, Mr. Dragonetti suffered leg, arm and head injuries and was airlifted to Morristown Memorial Hospital.

In New Jersey, the law requires that those injured in motorcycle accidents must utilize coverage offered through their medical insurance provider because motorcycle policies do not offer major medical coverage. In this case, Mr. Dragonetti incurred about $200,000 in medical bills as a result of the accident. The attorneys and staff of Einhorn, Harris, Ascher, Barbarito & Frost were able to negotiate on Mr. Dragonetti's behalf to drastically minimize his uncovered medical expenses. After paying attorneys' fees, the remainder of the $600,000 settlement was his to keep. Due to the diligence of his attorney, Chris Musmanno, both the half million dollar insurance policy of the borrowed car owner as well as the $100,000 excess coverage from the policy on the car owned by the driver, Mr. Matusewicz, were utilized to cover the costs of settlement.

Mr. Dragonetti's injuries were significant and many are permanently debilitating. As a result of the collision, Mr. Dragonetti suffered segmented comminuted fractures of the distal tibia, an unusual fracture in the ankle, which makes treatment very difficult. Comminuted fractures are those in which bone is broken, splintered or crushed into a number of pieces. He also suffered a comminuted left acetabular fracture (an injury to the socket of the hip joint) with a separation at the pubic bone.

Additional injuries included posteria dislocation of his left hip with an impaction fracture of the left femoral head, the highest part of the thigh bone (femur), which is supported by the neck of the femur. Mr. Dragonetti has to undergo multiple surgeries to repair the damage to his body and endured numerous cuts and lacerations.

Recent Success: Settlement-Tractor Trailer Accident, Personal Injury

The firm of Einhorn Harris has built a reputation for relentless client advocacy. Attorney Christopher L. Musmanno, counsel at the firm, has extensive experience in personal injury trials, and has developed a strong track record in representing clients in personal injury, products liability, workers’ compensation and medical malpractice matters. Representing the plaintiffs in a recent personal injury case, he demonstrated his skill in achieving the maximum settlement prior to trial by bringing forth all the relevant facts of the case and in presenting the extent of the plaintiff’s injuries and the impact they will have on him currently and in the future.

On Labor Day in 2006, the plaintiff in this case, a Pennsylvania woman in her mid-30’s, along with her husband, was visiting her sister-in-law’s Passaic County, New Jersey home for a Labor Day barbecue. She and her sister-in-law were visiting the defendant’s tavern for a “ladies night out” when she stepped in a hole in the parking lot and fell. The hole was approximately two- feet wide and four inch deep, situated close to the building. The plaintiff maintained that the hole was not readily visible because the parking lot lights were not pointed in the direction of the portion of the parking lot where the hole was located. The plaintiff stepped into the hole with her left foot, twisted her left knee and fell, landing on her right knee. As a result of the fall, the plaintiff suffered trauma and lateral femoral syndrome to both knees in which the tracking system of each patella was disrupted, necessitating bilateral lateral release surgery. As a result of surgery, the plaintiff has a moderate and permanent varus deformity in which the knees point inward. This will permanently cause pain and restriction and some difficulties in walking. The fall also caused severe radiating lower back pain and S-1 nerve root irritation that prompted a surgical procedure known as a lumbar fusion. The plaintiff underwent initial surgery from an anterior approach in which hardware was inserted. This surgery was insufficient, and the plaintiff underwent additional surgery several months later in which additional hardware was inserted from the posterior approach. The physician contended that the plaintiff will permanently suffer severe pain and limitations despite the surgery.

For several years following the surgeries, the plaintiff slept in a hospital bed that was kept on the ground floor of her home. She can now sleep in her own room, but she must nonetheless use a hospital bed and she can no longer sleep in the same bed as her husband.

The defendant, owner of the tavern, did not dispute the plaintiff’s description of the condition of the lot, but he disputed if the accident occurred on his premises and denied that the condition of the lot caused the plaintiff’s extensive injuries. The defendant pointed out that the plaintiff told her doctor several days later that she was injured while using a wheelbarrow. To explain this, the plaintiff testified that she resided in a small town in Pa, and that her family physician also saw her children, and she was concerned that people in this small town would get the wrong impression of her if it became known that she was injured in a bar parking lot. She did not think this was relevant to the mechanics of the injury, so she saw no need to divulge it to the doctor. The plaintiff’s counsel presented evidence of the plaintiff’s good character, which also supported her contentions about her reputation.

As further evidence that the fall had taken place in the parking lot, the plaintiff explained that she was in the tavern for a few hours after falling and that she had advised the bartender of the fall, and was given ice. She also argued that the jury should consider that the defendant did not produce any testimony from employees or other patrons, to rebut the plaintiff’s contentions. The tavern owner himself testified that he previously shoveled dirt into the hole on three occasions, only to see the dirt wash away and that he did not have the holes paved, notwithstanding that it would cost only approximately $500.

Prior to the trial, in an effort to settle the case, the defendant offered $2500, which was rejected. The jury found the defendant 90% negligent, the plaintiff 10% comparatively negligent and rendered a gross award of $2,150,000.

Curley v. Lakeview Pub & Liquors. Docket no. Judge Ralph DeLuccia, 1-09.

Attorney for plaintiff: Christopher Musmanno of Einhorn Harris Ascher Barbarito & Frost, Denville

On June 27, 2007, at approximately 11:30 a.m., the plaintiff, a 41-year-old employee of Port Newark Terminal, was seriously injured while backing up his tractor trailer into a designated parking space in the loading area. When he saw another vehicle traveling at an excessive rate of speed then swerve to avoid hitting a parked truck, he stopped. The defendant’s vehicle then struck the front of the plaintiff’s stopped tractor with such force that it threw the plaintiff to the floor. The impact from the collision caused the plaintiff to incur a broken back. The roadway traveled by the defendant is perpendicular to the parking spaces and has a speed limit of 15 miles per hour maximum. Witnesses confirmed that the defendant was speeding.

The plaintiff sustained a burst fracture and concussion with additional fractures with fragments lodged in the spinal canal. In July 2007, he underwent extensive surgery and endured a lengthy rehabilitation process. He will require subsequent surgeries to cement together his vertebrae. Due to his injuries, the plaintiff will never be able to work as a truck driver again. The pain from the trauma and subsequent treatment is continuing. He cannot move without pain and he is in pain whether he sits, stands or sleeps. He also suffers emotional trauma due to the worry of being unable to perform his job and the inability to return to the life he once knew. His wife has also suffered a loss of the intimate relationship she once had with her spouse due to his physical injuries. As a result, she has asserted and was compensated for a "loss of consortium."

Mr. Musmanno and his colleagues in the Einhorn Harris Personal Injury Department address the unique issues of each case and determine a detailed and aggressive strategy to maximize the results for their clients, whether through settlement or through a formal trial. In this case, Mr. Musmanno demonstrated th