Christopher L. Musmanno

Christopher L. Musmanno

Phone: (973) 586-4923
Fax: (973) 627-0869

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Christopher L. Musmanno

Christopher L. Musmanno has been recognized by:

  • New Jersey Super Lawyers 2016

Christopher L. Musmanno joined Einhorn Harris Ascher Barbarito & Frost, PC in 2008.  As the partner in charge of the Personal Injury Department of the firm, he concentrates his practice in Personal Injury Litigation focusing on products liability, medical malpractice, work related accidents, slip and fall cases, dog bite cases, and automobile accidents.

He has been certified by the Supreme Court of New Jersey as a  Civil Trial Attorney and developed a strong track record in representing both plaintiffs and defendants in Workers Compensation, Medical Malpractice, Employment Discrimination and Insurance Fraud Cases.

Practice Areas

Joined Firm

  • 2008

Certification/Specialties

  • Certified by the Supreme Court of NJ as a Civil Trial Attorney

Bar Admissions

  • New Jersey, 1988
  • Pennsylvania, 1988
  • U.S. District Court District of New Jersey, 1988
  • New York, 1995

Education

  • Seton Hall University School of Law, Newark, New Jersey, May, 1988, J.D.
  • University of Virginia, Charlottesville, Virginia, May, 1984, B.A.
    • Honors: Cum Laude
    • Honors: Athletic Scholarship

Published Works

  • Seton Hall Review, Seton Hall University School of Law, 1988

Professional Associations and Memberships

  • New Jersey State Bar Association – Member
  • Knights of Columbus – Member

Awards, Verdicts & Settlements

*Results vary depending on the facts of each case
$280,000 Settlement for a Motorcycle Accident
October 2016, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC in Denville, NJ, announces a $280,000.00 settlement for a motorcycle accident.Plaintiff is a 33 year old man.  In October 2015, at approximately 3:15pm, Plaintiff was traveling on his motorcycle when he was struck by the defendant making a left turn into a residential driveway.  The force of the impact was so great that Plaintiff was thrown from his motorcycle across the hood of the Defendant’s vehicle at a distance of approximately twenty (20) to thirty (30) feet, where he was knocked unconscious.

As a result of the accident, Plaintiff sustained the following injuries: traumatic chondral defect of the right patella with multiple osteocartilagineous loose bodies requiring removal and debridement via a shaver and #11 blade in order to remediate internal derangement of the right knee; debridement of 50 cm square of skin, subcutaneous tissue and muscle; 20 cm adjacent tissue transfer and 20 cm layer closure along with insertion of two (2) Blake drains, one (10) deep medial to the vastus medialis  and one (1) superficial in the subcutaneous space re-approximated by Vicryl sutures; right knee lasceration measuring 5cm, re-approximated by numerous sutures; chin lasceration measuring 2.5cm, re-approximated by numerous sutures; soft tissue swelling on or about the brain; focal airspace consolidation within the anterior right lung apex representing pulmonary contusion; nose fracture; and lower back injuries.

Defendant possessed a CSL $300,000 policy limit at the time of the occurrence.  The case was settled prior to trial, for the balance left on the policy, in the amount of $280,000.00.

$275,000 Settlement for a Fall in a Condominium Parking Lot
September 2016, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC in Denville, NJ, announces a $275,000.00 settlement for a slip and fall in a parking lot.Plaintiff is a female in her early seventies.  In May, 2014, at approximately 4:30pm, Plaintiff returned to her assigned parking area at her condominium complex.  Her parking garage door did not possess an automatic opener so she exited her vehicle and walked to the garage to lift the door so she could park inside the garage.  Upon returning to her vehicle, she slipped on excessive gravel and fell.

As a result of this accident, Plaintiff sustained displaced, foreshortened and angulated fracture of the proximal left feboral shaft.  She underwent an open reduction and intramedullary rod fixation surgery of a left femoral shaft fracture, consisting of implantation of a Stryker trochanteric entry antegrade femoral nail, measuring approximately 10mmx380mm and secured by two (2) proximal and two (2) distal interlocking screws.

With the assistance of a mediator, the case was settled at a mediation hearing for the total amount of $275,000 prior to trial.

$245,000 Settlement for Slip and Fall
August 2016, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC in Denville, NJ, announces a $245,000.00 settlement for a slip and fall.

Plaintiff is a 68 year old man. In January 2015, Plaintiff was leaving a movie theater and stepped off the sidewalk curb and into the access road between the theater and the parking lot, where he slipped and fell on black ice.  It was learned that the theater knew of the ice in the parking lot and an employee had been assigned to salt the steps and sidewalk three hours prior to Plaintiff’s accident.

As a result of the fall, Plaintiff underwent open reduction and internal fixation for an acute right ankle bi-malleolar dispaced fracture, requiring the insertion of two (20) plates fixed by approximately eleven (11) screws via two (2) separate incisions over the fibula, just lateral to the right ankle and the distal right medial malleolus.

After an arbitration hearing but prior to trial, the case was resolved for $245,000.

$250,000 Settlement for Slip and Fall

August 2016, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC in Denville, NJ, announces a $250,000.00 settlement for a slip and fall.

Plaintiff is a 68 year old woman. In January 2015, Plaintiff was leaving her gym when she slipped and fell on black ice on the commercial sidewalk that runs the length of the strip mall where her gym is located. As a result of the accident, Plaintiff sustained a displaced trimalleolar fracture of the left ankle and was recommended for surgery consisting of a left ankle open reduction and internal fixation of the left medial and lateral malleoli where the fibula fracture was reduced by an 8-hole, 1/3 tubular plate secured onto the fibular shaft by four (4) bicortical screws and two (2) locking screws along with reduction of the tibia fracture by pinning via two (2) 1.25 mm K-wires which were over-drilled distally with 44 mm partially threaded 4.0 mm cancellous screws inserted over each wire. The medical expert states that the articular surface was disrupted as were the components of the tibiotalar joint and it is reasonable likely that Plaintiff will develop degenerative changes in the ankle over time.
The case was settled after mediation for $250,000.

$135,000.00 Settlement for Slip and Fall on Ice
July 2016
Plaintiff is a 57 year old woman.  In February, 2015, Plaintiff was leaving work and walking toward her parked car when she slipped and fell on black ice which had been untreated.  Her injury was a comminuted fracture of the left distal radius extending into the left radiocarpal joint with dorsal angulation of the major distal fracture fragment as well as a fracture of the left ulna styloid.  The injury required open reduction and internal fixation surgery of the left distal radius with a locking plate and angle screws in order to remediate the fracture.  Plaintiff underwent a short course of post-operative physical therapy and lost approximately six (6) weeks of work (during which time she collected temporary disability benefits).  There was a small lost wage claim.  Through investigative efforts, the firm was able to recover a video of the incident.  After numerous depositions of various witnesses, it was determined that the defendant had a responsibility to salt the area where the plaintiff fell, and had not done so, based upon the video.  The case settled prior to trial for $135,000.
$265,000.00 Settlement for Slip and Fall on Ice
June 2016
Plaintiff is a 47 year old female.  In February 2014 at approximately 3:30pm, she parked her vehicle in front of a store on East Main Street in Denville, NJ.  As a result of snow, a path was shoveled through a snow bank, between the street and the commercial sidewalk in front of the store.  The pathway, as a result of melting and refreezing became iced and was never salted.  While walking through the path the plaintiff slipped and fell on the ice.  As a result she suffered a left shoulder superior labral tear requiring arthroscopic repair and comprehensive bursectomy with the use of two (2) anchors.  She also aggravated a pre-existing condition with respect to her left wrist which required cervical intervention.  After numerous depositions and after the arbitration hearing, the case was settled, prior to trial, in the amount of $265,000.00.
$175,000.00 Settlement for Slip and Fall at a Grocery Store
June 2016
Plaintiff is a female in her mid-fifties.  In June 2013, at approximately 11:00 am, while shopping in an A&P grocery store, Plaintiff slipped and fell in a puddle of water in the produce department, landing violently on her lower back and right buttocks.  After conservative treatment failed, she underwent open diskectomy and fusion surgery at L4-L5 with the application of a cage at that level.  The problem with this case is that subsequent to the filing of the lawsuit, A&P filed for bankruptcy.  Under the bankruptcy code, the civil litigation against A&P was stayed and would essentially result in a dismissal of Plaintiff’s case.  However, the Personal Injury Department at Einhorn Harris was not satisfied with the dismissal of the case.  We filed a Proof of Claim in Bankruptcy Court and ultimately a Motion in Bankruptcy Court to lift the stay and reactivate the Superior Court case.  We were allowed to pursue the Superior Court case up to the limits of insurance that A&P possessed at the time.  A battle then ensued with the excess carrier who ultimately conceded, based upon review of its policy, that it had a duty to drop down in the case of its insolvent insured and cover any damages from dollar one.  We then took the deposition of an A&P representative who described an ongoing problem in the produce department with drainage which would explain the excess water and puddling in that department resulting in Plaintiff’s slip and fall.  As a result, the case was settled for $175,000.00 prior to trial.
$150,000.00 Settlement for Slip and Fall on a Wooden Deck
June 2016
Plaintiff is a 36 year old female.  In June 2015, at approximately 9:30pm, Plaintiff was walking in the dark on the wooden deck which was attached to the back of her rental home when she slipped and fell in a puddle of water that accumulated on the decking surface due to the negligent repairs of the defendant.  She suffered a right bimalleolar fracture and dislocation of her ankle requiring open reduction and internal fixation including a plate with three locking screws.  There was some detrimental deposition testimony in the case that claimed that the accident did not happen in a way that the plaintiff had claimed however, despite this adverse deposition testimony, the case was settled prior to trial in the amount of $150,000.00.
$350,000.00 Settlement for Slip and Fall
May 2016
Plaintiff is presently 52 years of age. In February 2014, she was returning to her apartment from work and had parked her vehicle in the dimly lit commercial parking lot. Significant snow and ice had accumulated throughout the parking lot and premises. She slipped and fell on ice. The defendant had not performed any ice or snow removal on the parking lot for two days prior to Plaintiff’s fall and the complex was not salted or cleaned until five hours after Plaintiff’s fall.
Plaintiff did not seek medical attention until six months after her fall at which time she underwent a posterior four level cervical diskectomy and fusion surgery at C3-C7 and right shoulder arthroscopic surgery for repair of an anterior labral tear.
Despite not receiving treatment until six months after the incident and a $182,000.00 ERISA lien which needed to be paid back from any third party settlement achieved, and after mediation with a retired judge failed to achieve a favorable result and the arbitration award was rejected by the defendant, the case was settled at the time of trial in the amount of $350,000.00
$220,000.00 Settlement for Motor Vehicle Accident
May 2016
Plaintiff is presently 39 years of age. In August 2014, he was traveling on Route 80 West when he was struck in the rear by the defendant’s vehicle.. The defendant received a ticket for careless driving and, as a result of the accident, Plaintiff was diagnosed with a disc herniation at C6-C7. He did not go to the hospital following the accident and did not commence treatment until five weeks following the accident. He ultimately underwent anterior cervical diskectomy and fusion surgery
Despite having not received treatment until five weeks after the accident, the case settled for $220,000.00 prior to trial.
$240,000.00 Settlement for a Pedestrian Accident
May 2016
In December 2015, the decedent was attempting to cross a street in Bayonne when he was struck by a vehicle doing an illegal u-turn. As a result of the accident, he sustained an acute left lateral tibial plateau fracture extending laterally to the to the proximal tibia and medially to the medial tibial plateau. Approximately two weeks after the accident, the decedent was transferred to another hospital for surgery. A procedure was performed to utilize a tibia plate secured by multiple locking screws to remediate the tibial plateau fracture. Unfortunately, post-surgically, the decedent suffered from bradycardia and hypertension while being extubated, suffered cardiac arrest and died.

The decedent’s brother was appointed as Executor of his estate and despite the fact that the decedent was jaywalking at the time of the incident and was not within a crosswalk, and the fact that there were no living dependents such that a pecuniary claim could be established, the case was settled for $240,000 within four months of the decedent’s death.

$100,000.00 Settlement for Motor Vehicle Accident
May 2016

Plaintiff is a 54 year old man. In July 2015, he was stopped in traffic when he was tapped in the rear by another vehicle. There was no damage to the back of his car, which was a problem in the case. He also did not seek treatment immediately but followed up with a chiropractor about a week after the accident.He was diagnosed with a disc herniation at multiple levels. He underwent bilateral L2-S1 laminectomies and foraminotomoes with a posterolateral fusion procedure Despite questions as to whether the surgery was proximately caused by this very minor rear end hit accident. The defense argued that the Plaintiff had a longstanding problem of a degenerative spine and that while he ultimately need the surgery he underwent, the minor automobile accident had nothing to do with the need for surgery. Despite this, the defendant had a $100,000.00 policy limit which was offered to settle the case prior to trial. There were no other insurance monies that were collectible in the case since Plaintiff did not possess underinsured motorist coverage.

$250,000.00 Settlement for Motor Vehicle Accident
April 2016
Decedent was an 87 year old female. In February 2015, she was walking home when she was struck in a crosswalk by a commercial dump truck. Decedent succumbed to an untimely death as a result of the following injuries: catastrophic brain injury, bilateral pulmonary chest contusions, multiple bilateral rib fractures, pelvic fractures and hematomas, and complex open right arm fractures of the radius and ulnar. In order to improve her condition she underwent right frontal ventrioculostomy and the insertion of a right, front ventricular catheter for spinal fluid drainage. In addition, Decedent received approximately five blood transfusions. Unfortunately, these surgeries did little by way of improvement to her condition and she was pronounced dead at 11:11pm. According to an economist, a claim for past and future pecuniary losses resulting from her death, amounts to $181, 042. With the assistance of a mediator, the case was settled for the amount of $250,000 prior to trial.
$245,000.00 Settlement for Motor Vehicle Accident
April 2016
Plaintiff is a 26 year old female. In January 2012, she was stopped in traffic and was struck in the rear by another vehicle. There was little damage to the rear of her vehicle, but she sustained injury to her back. After extensive conservative treatment and injection therapy, she underwent a failed microdiscectomy. Eventually, the Plaintiff realized the attorney who was representing her and the doctor who had operated on her was not adequate, she retained this firm to represent her. She was directed to a top neurosurgeon who performed a revision and fusion surgery on her lower back to correct her condition as a result of the failed microdiscectomy. The defendant had a $250,000 policy limit and prior to a scheduled arbitration hearing, the case settled for $245,000.
$235,000.00 Settlement for Motor Vehicle Accident
April 2016
Plaintiff is a 24 year old woman. In April 2015, she was involved in a motor vehicle accident when the Defendant disregarded a stop sign and collided with the Plaintiff’s vehicle, causing it to veer off the road, over a curb and strike a metal post, coming to rest on an adjacent lawn. As a result of the accident, Plaintiff sustained, among other things, herniated discs at L4-5 and L5-S1 and ultimately underwent bilateral L4-5 and L5-S1 laminectomy surgery without hardware. The case settled prior to trial for the amount of $235,000.
$162,500.00 Settlement for Motor Vehicle Accident
April 2016
Plaintiff is a 40 year old female. In August 2014, she was traveling on the New Jersey Turnpike when the defendant struck the Plaintiff’s car, knocking it into the divider causing damage to the Plaintiff’s car in the amount of approximately $40,000.00. Additionally, Plaintiff sustained a herniated disc at C5-6 with deformity of the spinal cord which required anterior cervical discectomy and fusion surgery. The case was settled in the amount of $162,500.
$100,000.00 Settlement for Injury from a Dog Bite
April 2016, Denville, NJ
Plaintiff is a minor. In May and July 2014, Plaintiff was viciously attacked by her mother’s boyfriend’s dog, resulting in severe and irreparable facial lacerations to the left side of her face. She sustained transverse laceration of the left cheek, measuring 3cm in length requiring 11 sutures and two facial lacerations approximately 1cm in length each, below the left eye. Plastic surgeons agree that the scarring was permanent and that the Plaintiff will likely require some type of plastic surgery in the next few years to lessen the scarring. The case was settled for $100,000 and the money will be placed in an interest bearing Surrogate’s Account which will be released to Plaintiff when she is 18 years of age.
$685,000.00 Settlement for Injury Sustained when Car Drove into Plaintiff’s House
March 2016, Denville, NJ
Plaintiff is a 58 year old woman.  In April 2014, at approximately 10:00am, Plaintiff was asleep in her home.  Defendant stopped a commercial vehicle at the top of his driveway , which is located across the street from the Plaintiff.  Defendant then exited the vehicle while still in drive, rather than shifting the vehicle into park.  The vehicle rode backwards down the slope of the driveway, across the street and struck the Plaintiff”s home – specifically the wall where her bed was located and where she was sleeping.  Plaintiff underwent MRI tests to her cervical spine, which revealed a broad disc herniation at C4-5 with impression upon the dural sleeve with cored impingement; disc buldging and herniation at C5-6 with impression upon the dural sleeve and cord impingement; and a left sided disc herniation and C7-T1 with extrinsic impression upon the left-sided nerve root sleeve.  Plaintiff underwent extensive surgery which culminated in three level anterior cervical discectomy and fusion with instrumentation at C4-5, C5-6 and C6-7.  The case settled at a mediation hearing prior to trial for the amount of $685,000.00.
$350,000.00 Settlement for Slip and Fall Injury
March 2016, Denville, NJ
Plaintiff is a 40 year old man.  In January 2015, Plaintiff exited his rental apartment and while descending the exterior steps, which were covered with snow and ice, he slipped and fell causing severe rotational injury and visible deformity to his right ankle.  Plaintiff had surgery and underwent several months of post-operative physical therapy.  He was left with significant scarification of his ankle as well as limited function and mobility.  The case settled prior to trial for $350,000.00.
$240,000.00 Settlement for Rear-end Collision
March 2016, Denville, NJ
Plaintiff is a 35 year old woman.  In May of 2014, she was stopped in traffic when she was involved in a multi-vehicle, chair reaction, collision.  She was the fourth vehicle in line, so two other vehicles took the brunt of the impact, but her vehicle was also struck with great force.  The defendant who caused the accident was issued a careless driving ticket.  The Plaintiff’s injury involved a C5-C6 disc herniation and after a series of injections and conservative care failed to relieve her pain, she underwent an anterior C5-C6 discectomy and fusion procedure with instrumentation.  Defendant was insured with a limited coverage for liability for bodily injury in the amount of $30,000.00 and the policy was immediately tendered.  An underinsured motorist claim was then made and settled in the amount of $210,000.00 prior to trial.  The net settlement to the Plaintiff was $240,000.00.
$100,000.00 Settlement for Rear-end Collision
March 2016, Denville, NJ
Plaintiff is a 45 year old man.  In December 2013, he was stopped and was struck in the rear at an excessive rate of speed, without warning.  Plaintiff ultimately underwent surgery consisting of discectomy and fusion at L3-L4 and L4-L5.  Despite the Plaintiff having been under the care of a physician prior to the accident for disc herniations in his lower back, for which he had already been recommended surgery, the matter settled in the amount of $100,000 prior to trial.
$150,000.00 Settlement for Slip and Fall Injury
February 2016, Denville, NJ
Plaintiff is a 32 year old female. In October of 2011 after an early snow storm, Plaintiff exited her vehicle on a commercial property at the place of her employer to go to work. She slipped and fell on black ice sustaining significant injuries.  Plaintiff underwent posterior lumbar diskectomy and fusion surgery. Four months prior to the fall, the Plaintiff had been diagnosed with a low back herniation at the exact same level.
We argued the fall aggravated a pre-existing condition, while the defense contended that she had previously sustained the injury and had already been recommended for surgery and therefore this incident did nothing to alter the surgical path that was previously recommended. In other words, the defense challenged the proximate causation of the injury.
Despite these issues, the matter proceeded to trial and settled for $150,000.00.
$950,000.00 Settlement for Injury Sustained from Fall
January 2016, Denville, NJ
Plaintiff is a 57 year old female. In July of 2014, Plaintiff exited a store and stepped in a pothole in the parking lot, twisting her right foot and causing her to to fall on both knees to the ground.
Plaintiff sustained a partial chip/avulsion fracture of the medial aspect of the tip of the lateral malleolus of the right ankle, tears of both the medial and lateral menisci and a partial thickness radial tearing of the posterior horn of the root attachment with peripheral extrusion of the meniscal body and an undersurface lineral articulating tear of the posterior horn extending into its junction with the meniscal body. Plaintiff ultimately underwent three (3) separate surgeries with respect to her left knee: arthroscopy with partial medial and lateral meniscectomies in September 2014, a total knee replacement in March of 2015 and a second left total knee revision surgery in September 2015. In November 2015 Plaintiff underwent a spinal nerve block for the knee to help relieve her pain.
In addition to the injuries sustained to her ankle and knees, Plaintiff also sustained injuries to her neck and back. She underwent approximately ten cervical trigger point injections as well as lumbar trigger point injections. She remains under the care of a pain management doctor specializing in pharmacology.
The case was settled prior to a mediation hearing and trial for the amount of $950,000.00.

$130,000.00 Settlement for Emotional Injury

January 2016, Denville, NJ

Plaintiff is a minor.  In March of 2015, Plaintiff began attending a school for emotionally disturbed students about an hour away from the Plaintiff’s home and was transported to school by the Defendant, an employee of FSZ Transportation.  For approximately ten days, the Defendant exchanged sexually explicit photographs with the Plaintiff while in transit to school.

The criminal conduct of the Defendant was revealed by the Plaintiff during a therapy session and the Defendant was arrested on a number of criminal charges and ultimately jailed.  Following the arrest of the Defendant, the Plaintiff has spiraled into an emotionally unstable state, has expressed suicidal ideations, and attempted suicide on at least two occasions.  Plaintiff began disregarding personal hygiene, developed excessive weight gain, sleep loss and an unwillingness to attend school.  Plaintiff required interventional hospitalization and crisis intervention and was ultimately admitted to an inpatient facility because of increasing frequency of suicidal ideations arising from the incident.

A lawsuit was filed against the transportation company who employed the Defendant for negligent hiring and for otherwise failing to perform the appropriate background check.

The case was settled at a mediation hearing for the policy limit amount of $250,000.00 of the transportation company prior to trial.

$130,000.00 Settlement for Rear-end Collision

January 2016, Denville, NJ

Plaintiff is fifty (50) years of age. In November 2013, Plaintiff was traveling in the left eastbound lane on the Pulaski Skyway in Jersey City, New Jersey. Another vehicle was traveling directly behind him in his lane of travel and struck his vehicle in the rear at an excessive rate of speed, forcing the Plaintiff’s vehicle to be propelled into the vehicle in front of him. The driver of the vehicle proceeding ahead of the Plaintiff, came to a stop and then left the scene.

Plaintiff’s primary injury involved his left shoulder requiring surgery consisting of a SLAP repair utilizing Stryker knotless labral anchors and acromioplasty with subacromial decompression in order to remediate a left shoulder superior labrum tear and a partial rotator cuff tear. The Plaintiff had significant prior trauma to his neck and back for which he had numerous preexisting disc herniations and injections. The focus of his case, therefore was with respect to his left shoulder. Subsequent to an Arbitration Hearing in Superior Court, his case was resolved for $130,000.00.

$100,000.00 Settlement for Rear-end Collision

January 2016, Denville, NJ

The Plaintiff is presently thirty-six (36) years of age. She was stopped and struck in the rear of her vehicle in June 2013, causing approximately $7,000.00 in damage to the rear of her vehicle. As a result of the accident, she sustained a herniated disc at C5-C6. The first obstacle presented was that the Plaintiff did not initially go to the hospital and waited approximately one month before presenting for medical treatment. Her medical treatment was extremely sparse over the next 3-4 months and then she stopped treating for approximately eight months before ultimately undergoing three cervical epidural injections and anterior cervical diskectomy and fusion at C5-C6 and C6-C7 by a neurosurgeon. Despite the paucity of treatment, the defendant offered their $100,000.00 policy limit which is the most money that the Plaintiff could collect given the limited amount of insurance available in her case given the limited amount of insurance available in her case.

$235,000 Settlement for Motor Vehicle Accident

November 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $235,000 settlement for injury from a motor vehicle accident.

Plaintiff was born in 1951.  The interesting thing about her case is the fact that it involved two (2) separate automobile accidents occurring on August 13, 2013 and October 30, 2013, both of which were rear-end hit collisions and both of which involved only minor property damage.  The fact that the case dealt with multiple accidents so close in time, both of which were relatively insubstantial, presented difficult problems when she underwent surgery following both accidents.  After each accident, she was taken via ambulance to the hospital and she treated with various doctors for physical therapy and chiropractic manipulation.  Subsequent to the second accident, she underwent an MRI examination which revealed two (2) herniated discs in her cervical spine at C5-C6 and C6-C7.  Her upper extremity EMG test was abnormal and after a course of epidural steroid injections, she underwent two (2) level interbody discectomy and fusion surgeries at C5-C6 and C6-C7 with decompression of the spinal cord and placement of instrumentation and a cage with neurosurgeon, Dr. John Cifelli.

The tortfeasor in accident number one (1), only had a $50,000.00 policy limit which was immediately tendered.  An underinsured motorist bodily injury claim was made against the plaintiff’s insurer for accident number (1).  In addition, a claim against Allstate was made as the insurer of the tortfeasor in accident number two (2).

With contribution from the various insurance companies, the case was settled for the total amount of $235,000.00 after an arbitration hearing.  The underlying tortfeasors in each accident contributed monies toward the settlement as well as the underinsured motorist carrier of the plaintiff for the total amount of $235,000.00.  With multiple insurers, multiple accidents with overlapping treatment and minimal property damage, we believe the result was successful.

$152,000 Settlement for a Rear-End Collision

November 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $152,000 settlement for injury from a motor vehicle accident.

Plaintiff is 48 years of age.  She had a very complicated personal injury case arising out of an automobile accident that occurred on January 24, 2013.  She was a passenger in a vehicle that was stopped at a red light when it was struck in the rear by another vehicle.  The case became more complicated for several reasons.  First, the vehicle that struck her was stolen and had no insurance.  This required an uninsured motorist claim to be made not only to the automobile insurer of the plaintiff, but also the insurer of the host vehicle.  Both carriers would defend and ultimately indemnify on a pro rata basis based on policy limits.  The case was further complicated because the plaintiff had a limited PIP policy and she chose her health insurance to be primary.  Her health insurer, however, had exclusions in its policy pertaining to automobile accidents so there was litigation between the PIP carrier and the health insurer as to whom should ultimately pay the medical bills of the plaintiff.

Plaintiff sustained disc herniation in her neck at C3-C4 and C6-C7, but her primary injury was to her lower back, which was a left lateral disc herniation at L5-S1 compressing the left S1 nerve root.  After hospitalization, a long course of physical therapy and injections, she underwent two level lumbar microdiscectomy without hardware or other intrusive devices.

After an arbitration hearing but prior to trial, her case was settled on a pro rata basis between AMICA Insurance Company and Liberty Mutual Insurance Company for the total amount of $152,000.00.

$450,000 Settlement for a Motor Vehicle Accident
November 2015, Denville, NJ
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $450,000 settlement for injury from a motor vehicle accident.

The plaintiff is forty-nine (49) years of age.  On Wednesday, April 17, 2013, at approximately 12:13pm, plaintiff was traveling in the middle southbound lane on Route 23 at or near its intersection with Black Oak Ridge Road in Wayne, New Jersey.  At the same time, a commercial vehicle owned by the defendant was traveling in the adjacent right southbound lane on Route 23 at the aforementioned location.  Defendant negligently failed to maintain his lane of travel and suddenly changed lanes into the middle lane, striking the plaintiff’s vehicle.  The trailer affixed to the vehicle of the defendant ran over the plaintiff’s hood and subsequently dragged the vehicle for a significant distance in a southerly direction down Route 23.

After conservative care failed to relieve the plaintiff’s pain, he underwent anterior cervical discectomy and interbody fusion at C5-6, partial corpectomy at the C6 level, placement of a prosthetic cage, use of anterior cervical instrumentation with local autograft and demineralized allograft; arthroscopic surgery of the right shoulder for a full thickness tear of the rotator cuff involving the supraspinatus tendon with major debridement and synovectomy with a subacromial decompression/acromioplasty involving the right shoulder joint and repair of the rotator cuff tear; and arthroscopy of the left shoulder for a full thickness tear of the rotator cuff involving the supraspinatus tendon of the left shoulder with major debridement and synovectomy with a subacromial decompression/acromioplasty involving the left shoulder joint and repair of the rotator cuff tear.

In addition to the above three surgeries, plaintiff also aggravated and/or exacerbated an otherwise asymptomatic pre-existing lower back fusion surgery at L4-5 and L5-S1.

The case settled prior to trial at mediation for $450,000.

$225,000 Settlement for a Motor Vehicle Accident
October 2015, Denville, NJ
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $225,000 settlement for injury from a motor vehicle accident.
The plaintiff is fifty (50) years of age.  On Monday, January 13, 2014, she made a left turn in front of the Defendant’s vehicle on Route 46 West, into the ShopRite entrance in Dover, New Jersey.  Generally, left turn cases are very difficult to prove and are seldom taken by a Plaintiff’s attorney because if a Plaintiff is found more than fifty percent (50%) at fault for the happening of the accident, under New Jersey Law, the Plaintiff is not entitled to a personal injury recovery.  Generally, if a person makes a left turn in front of another vehicle, they are most likely to be found more than fifty percent (50%) at fault.  In this case, however, I felt that there were extenuating circumstances.

First, the defendant had lost his license prior to this accident for speeding at 124mph on Route 80 in Rockaway, New Jersey.  He lost his license for three (3) months and upon recovering his license, his mother bought him a new sports vehicle under her name allowing him to use it with her permission.  With this information, a separate count in the Complaint naming the defendant’s mother as a direct defendant was included for negligently entrusting her son to drive her vehicle knowing of his dangerous propensity to speed.  Further, although there were no witnesses listed on the police report, through diligent investigation, I was able to locate an eye witness who observed in his rear view mirror the defendant traveling through the intersection as the light was changing at 70 mph.  The speed limit was 40mph on Route 46 at the location of the accident.  The force of the impact was so great that it propelled the Plaintiff’s vehicle backward and eastbound down Route 46 approximately ninety (90) feet. The Plaintiff sustained the following injuries as a result of the accident:

  • Open reduction and internal fixation of the bimalleolar ankle fractures of increased difficulty with implantation of a Synthes locking lateral fibula plate and multiple 2.7mm locking screws as well as 3.5 mm cortical screws laterally and medially in order to remediate the following left ankle injuries: (1) comminuted transverse fracture of the medial malleolus at the level of the medial tibiotalar interval with lateral displacement of the distal fracture by approximately 3mm; (2) intra-articular fracture fragments present within the medial clear space; (3) comminuted obliquely oriented fracture of the lateral malleolus, extending above the lateral tibiotalar interval; (5) lateral subluxation of the talus; (6) subcutaneous edema adjacent to the medial and lateral malleoli; and (7) bone island within the posterior talus; (8) right L2 and L3 transverse process fracture;
  • Left L5 transverse process fracture;
  • Right sacral fracture exiting through the neural foramina with displaced fracture fragments;
  • Non-displaced right superior pubic ramus fracture; and
  • Possible right L1 transverse process fracture

Prior to trial, the Defendant’s insurance company, capitulated and settled the case for $225,000.00.  While the Plaintiff will bear some of the responsibility for the happening of the accident since she did, in fact make a left turn in front of another vehicle, the unique circumstances of the accident through diligent discovery and deposition testimony, proved that the defendant was also at fault in excess of fifty percent (50%).

$450,000 Settlement for Motorcycle Accident

October 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $450,000 settlement for injury from a motorcycle accident.

The plaintiff motorcyclist in his late 30s contended that the defendant driver negligently made a left hand turn into his path, causing the collision. The defendant did not see the plaintiff before the collision, in which the plaintiff was ejected from his motorcycle.

The plaintiff suffered a left comminuted intra articular angulated,displaced and shortened distal radius and ulna fracture/dislocation and a right distal radius fracture. He required both the use of an external fixation device and an open reduction/internal fixation on the left side and an ORIF on the right side.

The plaintiff was discharged and because of a complication of blood clots, required an additional hospitalization and required Heparin. The plaintiff continues to use Coumadin as an outpatient and contended that he will permanently be at risk for clotting.

The plaintiff made no future wage claims. The defendant had $1,000,000 in coverage.

In this motorcycle case, medical bills were not covered by PIP. The plaintiff was able to reduce the outstanding medical bills owed by him to approximately $9,000. The case then settled for $450,000.

$225,000 Settlement for Injury from Improperly Installed Trash Compactor

September 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $225,000 settlement for injury from improperly installed trash compactor.

Plaintiff was approximately thirty-five (35) years old on January 30, 2013.  While he was in the course of his employment as a maintenance worker for a condominium association, he noticed two (2) hoses that extended separately from a miniature trash compactor in a building to a black motor that supplies hydraulic oil that pushes the piston and one (1) of the hoses (not at issue in this matter) was leaking slightly.  While inspecting the hose that was leaking slightly, he grabbed with his left hand, the other non-leaking rubber hose which had braided-metal inside, which blew open while he was holding it, approximately 1.5 feet from its end, forcibly injecting, with great speed, hydraulic fluid into his left hand, causing severe injuries to his left hand.  It was determined during the course of discovery, that the company that actually installed the trash compactor had installed the motor too close to the cinder block wall, allowing the rubber hoses to rub against the wall each time the trash compactor was initiated.  Over time, the rubber on the hoses became weakened from rubbing on the cement wall, according to Plaintiff’s liability expert.  After the initial installation of the trash compactor, the company that installed it was also required to maintain it and they never inspected the rubber hoses or changed them, which ultimately led to this accident.

Plaintiff was left hand dominant and the explosion caused metal to open a hole in his thumb and caused hydraulic fluid to go into the hole at a high speed.  He was hospitalized for eight (8) days and required surgery on the hand to remove the hydraulic fluid, leaving him with a 4 inch scar from his left thumb into the palm of his hand.  Because the accident occurred during the course of his employment, a workers’ compensation lien of approximately $50,000.00 needed to be repaid.  Prior to trial, the case was resolved for $225,000.00 in favor of the Plaintiff.

$100,000 Settlement for Injury due to Rear-end Collision

September 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for injury due to a rear-end collision.

Plaintiff was sixty-three (63) years old at the time of this accident on November 25, 2013.  She was slowing down for traffic while traveling in the left eastbound lane of Route 78 in Reading Township, New Jersey.  At that time, she was struck in the rear by another vehicle who failed to observe traffic conditions.  As a result of the accident, she underwent lumbar spine open reduction and internal fixation surgery involving decompressive discectomy at L4-5 with interbody fusion at L4-5 , with a two-piece structural allograft.  The defendant had a $100,000.00 policy limit applicable to bodily injury for the happening of the accident.  Plaintiff’s case was worth far in excess of $100,000.00, but the most amount of insurance that was collectible on her case was that figure which she received relatively quickly after litigation was initiated.

$250,000 Settlement for Rear End Collision

August 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $250,000 settlement for a rear end collision.

On Monday, July 15, 2013 at approximately 7:00 am, the plaintiff was traveling eastbound on Prospect Point Road while attempting to make a right turn onto Oakwood Road in Jefferson Township, New Jersey.  At the same time, a commercial vehicle owned and operated by the defendant was traveling directly behind him.  Oakwood Road is very narrow and because another vehicle was exiting Oakwood Road, the plaintiff was forced to stop his vehicle in order to allow the vehicle to exit Oakwood Road, so that he could make a turn onto it.  While the plaintiff was stopped, he was struck in the rear and propelled into the opposing lane of traffic, striking the vehicle that was stopped at the northbound stop sign on Oakwood Road at its intersection with Prospect Point Road.

After conservative care failed to relieve his neck pain, the plaintiff underwent two (2) level anterior cervical discectomy and interbody fusion at C4-5 and C5-6 with the insertion of six (6) screws and a locking plate.

The case proceeded to trial because the defense had offered $125,000 prior to trial, which was an insufficient settlement amount.  The case proceeded before a jury for three (3) days.  After the operating physician testified before the jury, the defense settled the case, during trial, for $250,000.

$215,000 Settlement for Pedestrian Accident

August 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $215,000 settlement for a pedestrian accident.

On August 15, 2013, the plaintiff was standing on a sidewalk on First Avenue in Brooklyn when a commercial truck struck him.  The driver of the commercial truck attempted to flee the scene, but was later arrested.  The plaintiff injured his neck and back and ultimately underwent L4-L5 hemilaminectomy, facetectomy, and foraminotomy with decompression of the nerve roots.  There was no hardware used in connection with the surgery.  The plaintiff also had some unpaid medical bills due to insurance issues.  The case was resolved prior to trial for $215,000.

$100,000 Settlement for Rear End Collision

August 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for a rear end collision.

On November 25, 2014, the plaintiff was stopped and struck in the rear by another vehicle.  She injured her back primarily and herniated a disc at L5-S1 which required surgical intervention.  She first sought conservative care with her primary care physician and her orthopedist, as well as with a rehabilitation and physical therapy doctor.  When conservative care failed to relieve her symptoms, a neurosurgeon performed left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of the nerve roots.  No hardware was used in connection with the surgery.  The case was settled quickly for the $100,000 policy limit, which was the maximum amount of collectible insurance under the facts of the case.

$125,000 Settlement in Rear End Collision

July 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $125,000 settlement for a rear end collision.

The plaintiff was stopped in traffic and struck in the rear and the defendant received a careless driving ticket for her actions.  The property damage to the rear of his vehicle was extensive.  As a result of the accident, the plaintiff was transported via-ambulance to the hospital where he complained, among other things, about severe pain to his lower back.  After a course of chiropractic and physical therapy failed to relieve his pain, an MRI was recommended which revealed a central herniated disc at L5-S1 with compression of the dural sac.  A lower extremity EMG test revealed positive findings for left L5-S1 radiculopathy.  The plaintiff thereafter underwent micro discectomy without any hardware, for removal of a small piece of his disc at L5-S1 that was pressing upon one of his nerves.  The case settled prior to trial for $125,000.00.

$125,000 Settlement in Rear End Collision

July 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $125,000 settlement for a rear end collision.

The plaintiff was stopped waiting to make a left turn when he was struck in the rear. The damage to the rear of his vehicle was extensive.  He never went to the hospital for his injuries, but two days following the accident, he presented to a rehabilitation and physical therapy center.  After physical therapy failed to relieve his pain, he was referred for a lumbar MRI which revealed a central disc herniation of L5-S1 with the disc protruding into the anterior aspect of the spinal canal as well as dural sac deformity.  He ultimately consulted a neurosurgeon and underwent right L5 hemilaminectomy, facetectomy and foraminotomy with decompression of the L5-S1 nerve root.  No hardware or cage was used during the surgical procedure.  This case was resolved prior to trial for $125,000.00.

$140,000 Settlement in Motor Vehicle Accident

June 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $140,000 settlement for the homeless victim of a motor vehicle accident.

On Thursday, May 30, 2013, the plaintiff, was operating his bicycle on the shoulder and east of the fog line while traveling in a southerly direction in the northbound lane of travel on Dover Chester Road in Randolph at or near its intersection with Ironia Road. The defendant was traveling northbound on Dover Chester Road and became distracted and crossed over the fog line onto the shoulder and struck the plaintiff with the right side view mirror of his car. The force of the impact was so great it knocked the plaintiff off of his bicycle and shattered his right arm. The plaintiff underwent open reduction and internal fixation surgery for a galeazzi type fracture and dislocation of the right forearm via plating of the radial shaft fracture with closed reduction, leaving him with an approximate 12 cm scar along the volar aspect of the proximal forearm. Because the plaintiff was homeless at the time of the accident, his medical bills had not been paid and he could not follow-up with any doctors for post-surgical therapy. Einhorn Harris agreed to represent the plaintiff and arranged for all of his medical bills to be paid. After securing deposition testimony from witnesses and of the parties, the case settled prior to trial for $140,000.00.

$1.2 million settlement for injuries sustained while working at Newark International Airport

March 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $1.2 million settlement for injuries sustained on a the job at Newark International Airport.

On January 10, 2012 at approximately 5:45 a.m., the plaintiff was engaged in her employment as a signal person for the shipping company at its facility at Newark International Airport. The premises of the shipping facility at Newark Airport are owned, operated and maintained by the defendant. The plaintiff was assigned to provide signals to the operator of a FMC Loader, known as the Commander, at shipping company’s exterior ramp. The Commander functions as a mobile platform that can be raised and lowered to the elevation of the aircraft’s cargo door for the purpose of loading and unloading cargo containers. On the morning of the incident, it was very cold and neither the shipping company nor the defendant provided warming stations for its employees. Warming stations had been provided in the past but had been discontinued prior to this incident. To seek refuge from the cold, the plaintiff warmed herself with the exhaust of the unattended Commander. When the operator took the driver’s position and began moving the Commander forward, the plaintiff was drawn underneath and dragged causing her serious injuries which included multiple surgeries and ultimately resulted in the amputation below the knee of her leg.

The defendant maintained throughout the litigation that it did not have a duty to prevent the subject incident because safety oversight of the shipping company’s employees was the sole responsibility of the tenant and, therefore, Workers’ Compensation was the plaintiff’s exclusive remedy. The defendant further argued throughout the case that the existence of a duty is a question of law for the Court to decide and cannot be imposed or created by expert testimony. The plaintiff maintained that the defendant as a private commercial landlord owed an independent duty of care to the plaintiff based upon its affirmative interaction with its tenant such that it should have known about the dangerous activity occurring on its tenant’s property. After the defendant’s Motion for an Order Granting Summary Judgment was denied as well as a subsequent Motion for an Order Seeking Reconsideration of the denial of Summary Judgment, the case was scheduled for trial on May 11, 2015.

Prior to trial, and with the defendant having filed a motion for interlocutory appeal, the parties agreed to mediate the matter on March 24, 2015.   At that time, the parties, through their respective counsel, agreed to resolve the matter in its entirety for the amount of $1,225,000.00.

$300,000 Settlement for Construction Site Injury

March 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $300,000 settlement for injuries sustained on a construction site. On or about February 11, 2013, the plaintiff entered into a contract with the defendant, a limited liability company in the business of constructing multi-family dwellings, to erect a certain two family modular home, located in Beach Haven, New Jersey (“the premises”). The work to be performed under the contract by the defendant was to be completed in a workman like manner and in accordance with all building codes, plans and specifications. The contract also consisted of, among other things, an agreement between the parties wherein the plaintiff would solely perform the on-site plumbing work, providing all plumbing connections and fixtures to the premises, both in light of his status as a lifelong licensed plumber and his intention to ultimately reside within one half of the modular home upon completion. During the course of construction, as is typical, temporary steps were outfitted and secured to the east-side of the premises which permitted various subcontractors like the plaintiff, access from the garage/basement level to the first floor level. These temporary steps were comprised of approximately two sets of five steps, bisected by a landing. In other words, the temporary steps were arranged such that there were five steps leading from the ground to a landing (hereinafter, “bottom set”) and then five additional steps from the landing to the first floor level doorway (hereinafter, “top set”).

The plaintiff presented to the premises on October 3, 2013 at 12:00 p.m. to perform plumbing work as a subcontractor. Upon stepping down on the first step of the top set, the bottom of the unsecured leaning permanent steps kicked out, causing him to fall approximately nine feet to the underlying concrete garage basement floor. He was subsequently found on the garage basement floor by two employees of the electrical subcontractor. These two employees each confirmed based upon their observations that the permanent steps were unsecured and were laying on the ground as was the plaintiff when they found him.

As a result of injuries sustained during the fall, the plaintiff walks with a permanent limp and has extensive permanent scarring and disfigurement at the surgical sites on his right leg. With the assistance of mediator, the case was settled at a mediation hearing for the amount of $300,000.00 prior to trial.

$245,000 Settlement for Rear End Collision

March 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $245,000 settlement for a rear end collision. On Wednesday, July 3, 2013 at approximately 6:30 p.m., the plaintiff was stopped on Route 24 East, near its intersection with Route 78 in traffic, when he was struck in the rear by a vehicle that did not possess any insurance. As such, an uninsured motorist claim was made against his own insurance company. As a result of the accident, the plaintiff sustained a herniated disc at L5-S1 and L4-5. After conservative treatment failed to relieve his pain, as well as 6 epidural injections, he underwent posterior lumbar diskectomy and fusion at two levels, L4-5 and L5-S1. The insurance company paid to settle the case for $245,000.00 which was essentially the maximum amount of insurance that the plaintiff was capable of recovering in his case.

$200,000 Settlement in Head-On Collision

March 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $200,000 settlement for a head-on collision. On December 14, 2012 at approximately 12:07 a.m., the plaintiff was the owner and operator of a vehicle that was traveling west on Route 10 in the right lane near its intersection with Troy Hills Road in Hanover Township. The defendant was traveling eastbound in the westbound fast left lane on Route 10 West, near its intersection with Troy Hills Road in Hanover Township. A violent head on collision occurred when the defendant struck the plaintiff on the wrong side of the road on Route 10 west in Hanover. As a result of the accident, the plaintiff sustained an un-operated herniated disc at L5-S1 as well as traumatically induced bilateral carpal tunnel syndrome which required surgery on both wrists. After extensive discovery involving depositions of various police officers and witnesses, the case settled prior to trial for $200,000.00.

$500,000 Settlement in Motor Vehicle Accident

March 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $500,000 settlement for motor vehicle accident. On Wednesday, January 11, 2012 at approximately 9:56 a.m., the plaintiff, was fully stopped in traffic, while traveling in the right eastbound lane on Route 22 in Bethlehem City, Pennsylvania. At the same time, a vehicle owned and operated by the defendant was traveling directly behind the plaintiff and in his lane of travel at the aforementioned location. The defendant who was operating his vehicle while under the influence of alcohol, negligently failed to maintain proper observations, failed to maintain a reasonably safe distance and/or otherwise failed to take evasive action when he violently impacted the plaintiff’s vehicle in the rear at an excessive rate of speed without warning. The force of the impact was so great that it propelled the plaintiff’s fully stopped vehicle into the rear of a tractor-trailer that was equally stopped for the traffic directly ahead of him.

On or about November 18, 2013, the initial Complaint on behalf of Plaintiffs was filed in the Warren County Superior Court of New Jersey. The allegations therein asserted, among other things, negligence on the part of the defendant in the operation of his motor vehicle on the day of this accident as well as contractual claims for Uninsured Motorist Benefits in the amount of $100,000 against the defendant, New Jersey Manufacturers Insurance Company, the personal automobile insurer of the plaintiff. Upon confirmation of excess insurance coverage provided by the defendant, Travelers, the First Amended Complaint on behalf of Plaintiffs was filed on March 11, 2014. The amended allegations contained therein supplemented the initial Complaint to include an additional contractual claim for Uninsured Motorist Benefits in the amount of $1,000,000 against the defendant, Travelers, which insured the aforesaid commercial vehicle operated by the plaintiff at the time of this accident. Therefore, the total available coverage in this matter was $1,100,000.

As a result of this accident, the plaintiff sustained the following injuries: posterior lower back surgery consisting of transforaminal lumbar interbody decompression and fusion at L4-5 with the use of spinal instrumentation, a biomechanical spacer and left superior iliac bone graft as well as bilateral hemilaminotomies for decompression at L4-5, including partial facetectomies and designated foraminotomies; and left ankle arthroscopic surgery with extensive debridement as well as antegrade drilling of the medial talar dome osteochondral defect.

At a mediation hearing, prior to trial, the case was settled for $500,000.00.

$160,000 Settlement in Motor Vehicle Accident

February 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $275,000 settlement for motor vehicle accident. On Friday, May 25, 2012, at approximately 6:20 p.m., the plaintiff was traveling in a westerly direction on a residential street when at the same time an unoccupied landscaper truck and attached trailer was parked more than half way into the road. The trailer gate of the landscaping vehicle was down on the road obstructing the plaintiff’s right of way. Due to the glare of sunlight, the plaintiff did not see the trailer gate and his vehicle hit the trailer gate and flipped over.   The defense made the argument that despite the fact that the trailer was obstructing the roadway, the plaintiff, should have been able to see that trailer gate and avoid it, and his failure to observe the landscaping vehicle caused his injuries. After numerous depositions of the various landscaping personnel as well as hiring an investigator to take numerous photographs of the accident scene at the time of day and month that the accident occurred, it became very clear that there was no way the plaintiff could possibly have seen the landscaping vehicle. The accident occurred right after the plaintiff exited a tree covered area directly into the glare of the sunlight. The defendants have pleaded guilty in municipal court without reservation to obstructing traffic and admitted there fault at depositions.

As a result of the accident, the plaintiff sustained the following injuries: A disc herniation at C2-3, a displaced fracture of his sternum, right anterior fifth rib angulated fracture and rib fractures involving the left sixth, seventh and eighth ribs and a laceration on his left forearm requiring plastic surgical repair.

The case was settled prior to trial for $160,000.

$275,000 Settlement in Slip and Fall

February 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $275,000 settlement for a slip and fall. On Monday, February 11, 2013, at approximately 6:50 a.m., the plaintiff while walking into work in the course of his employment, and while in the vicinity of where the parking lot and paver walkway and leading to the front door of the building, he slipped and fell on ice, significantly injuring himself.

As a result of the fall, the plaintiff sustained the following injuries:a left hip intertrochanteric fracture requiring open reduction and internal fixation surgery with intramedullary rodding.

Because the plaintiff was injured in the course of his employment, this firm handled his worker’s compensation claim as well as prosecuting a third party complaint against both, the salting contractor and the owner of the building. After the worker’s compensation resolved itself, the third-party lawsuit against the salting contractor and building owner was resolved during the course of discovery for $275,000.00. The Plaintiff had open reduction and internal fixation for his left hip fracture and after a course of post-surgical physical therapy had recovered well and was back to work.

It was proven that the walkway was a dangerous condition of which both, the contractor and the owner knew or should have known existed a sufficient period of time prior to the plaintiff’s fall such that they could have remedied the condition and prevented the plaintiff’s injuries.

The case was settled for $275,000.

$315,000 Settlement in Slip and Fall

February 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $315,000 settlement for a slip and fall. On February 11, 2013, at approximately 7:30 a.m., the plaintiff was an invitee and pedestrian at LabCorp, for the purpose of undergoing blood work. The property was owned by the defendant. The plaintiff parked his vehicle in the parking lot adjacent to the entrance of LabCorp, and exited his vehicle and walked a short distance. At that time he slipped and fell on black ice. It was proven that not only did the plaintiff fall that morning, but several other people fell within a half hour time period, including the responding EMS squad member.

As a result of the fall, the plaintiff sustained the following injuries: a peritrochanteric fracture of the right hip requiring open reduction surgery with an intramedullary hip nail measuring 10 mm in diameter and 170 mm in length inserted in the proximal femur at a 120 degree angle along with the insertion of a 100 meter bolt and one 36 mm cortical screw resulting in two permanent scars each measuring 5 inches in length.

After extensive discovery, the case proceeded to an arbitration hearing where the arbitrator awarded a net amount to the plaintiff in the amount of $315,000. All parties agreed and accepted the arbitrator’s award and prior to trial, the case was settled for $315,000.

$245,000 Settlement in Rear End Collision

January 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $245,000 settlement for a rear end collision. In June 2013, plaintiff was stopped for a red traffic light while traveling East on Route 46 at/or near its intersection with Pequannock Street in Dover, New Jersey. At the time, plaintiff was struck in the rear by the defendant’s vehicle.  The defendant was issued a ticket for careless driving in violation of N.J.S.A. 39:4-97. As a result of the accident, plaintiff sustained two cervical herniated discs. When conservative therapy failed, plaintiff underwent two (2) level anterior cervical discectomy and fusion surgery. There was $250,000 of available insurance coverage. Prior to the trial, plaintiff settled his case with the underlying tortfeasor for $95,000 and took another $150,000 from his underinsured motorist carrier, for a total settlement of $245,000. Given the additional costs that would be required in plaintiff’s case, it did not make economic sense to continue to pursue his case when there was only an additional $5,000 in available coverage.

$100,000 Settlement for Auto Accident

January 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ announced a $100,000 settlement for injuries sustained during an automobile accident in February 2013.  Plaintiff was a pedestrian in a crosswalk crossing Bassett Highway at its intersection with North Warren Street in Dover, NJ when she was struck by the defendant’s vehicle. She was lifted entirely off the ground and propelled the distance of approximately 5 to 10 feet.  As a result of the accident, she sustained a disc herniation at L5-S1, with encroachment of the anterior aspect of the spinal canal. After conservative care failed to relieve her pain, she underwent lumbar diskectomy and fusion surgery at L5-S1 with hardware. Prior to the surgery, she had undergone and L5-S1 epidural steroid injection and a discography study which was positive at the L5-S1 level with posterior epidural dye leakage. The defendant had a $100,000.00 policy limit and the plaintiff did not have underinsured motorist coverage. The case was therefore settled for the $100,000.00 policy limit as this was the maximum amount of collectable insurance available.

$245,000 Settlement for Injury in Soccer Field Parking Lot

January 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ announced a $245,000 settlement for injuries sustained during an automobile accident in May 2011. The plaintiff was a pedestrian, pregnant at the time, was walking in the Fireman’s Field parking lot located in Jefferson, with her seven year old daughter. The defendant performed an unusual u-turn back up, striking the plaintiff and knocking her to the ground. As a result of the accident, she sustained two herniated discs in her lower back with deformity of the dural sac. EMG results revealed bilateral left S1 radiculopathy. After conservative care failed to relieve her pain, she underwent two level, lumbar diskectomy and fusion surgery with hardware. There was a $250,000.00 policy limit applicable and the case was settled for $245,000.00 prior to trial to save trial costs.

$180,000 Settlement in Auto Accident at Convenience Store

January 2015, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announced a $180,000 settlement for injuries sustained in an automobile accident at a convenience store. On Tuesday, January 15, 2013, plaintiff was a passenger in a vehicle owned by her husband and operated by her son. She was fully stopped and parked in a parking spot in front of the convenience store located in Rockaway, New Jersey, when another vehicle abruptly and without maintaining proper observations backed out of another parking spot, striking her vehicle in the area where she was sitting. As a result of the accident, plaintiff sustained among other injuries, a cervical disc herniation at C5-6, for which plaintiff underwent anterior cervical diskectomy and fusion surgery after conservative care and injection therapy failed to relieve her pain. The case was settled prior to trial for $180,000.00.

$150,000 Settlement for Injuries Sustained in a Slip and Fall

December 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announced a $150,000 settlement for injuries sustained in a slip and fall case in a grocery store. On September 22, 2012, plaintiff was approaching a cashier station to pay for her groceries when she slipped and fell on an oily substance on the floor, which substance was subsequently confirmed by management and an incident report was made. We were able to obtain a copy of the store video which demonstrated that this dangerous condition existed for a sufficient period of time prior to plaintiff’s fall, such that defendant (grocery chain) had a reasonable period of time to remediate the condition. The defendant filed a motion seeking summary judgment on the issue of liability which was denied primarily because depositions taken in conjunction with the store video proved that defendant had notice of the dangerous condition prior to plaintiff’s fall. As a result of the accident, plaintiff sustained disc herniations at L4-5 and L5-S1 for which she subsequently underwent lumbar laminectomy surgery without hardware. After the defendant was unsuccessful in their summary judgment motion and prior to trial, the case was settled for $150,000.00.

$500,000 Settlement For Accident Head On Collision with Landscaper’s Truck

September 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $500,000 settlement for an head on collision with a a landscaper’s truck.  The plaintiff was born in 1991.  In July 2012, she was traveling west on the Sussex Turnpike in Randolph, New Jersey.  At the same time, a landscaping vehicle was traveling in the opposite direction in the eastbound lane.  It was attempting to tow an extremely large and heavy trailer which was affixed to the vehicle and well in excess of the vehicle’s towing capacity.  Because of the immense weight of the trailer, the entire front portion of the defendant’s vehicle lifted off the ground and was in the air as he attempted to negotiate a very windy and steep hill at/or near the point of impact.  Defendant subsequently lost directional control of his vehicle, crossed the double yellow lines and entered the plaintiff’s lane of travel, striking her vehicle head-on.

As a result of the accident, the plaintiff suffered grossly severed displaced fractures to the left radial shaft and the left ulnar shaft at the junction of the middle and proximal third in comminution of the radial fracture.   She required open reduction surgery and internal fixation with screws, rods and plates that required six inch incisions at two separate locations on her left forearm, which resulted in permanent scarring and disfigurement.

She also injured her right knee, fracturing her kneecap, requiring three separate open reduction and internal fixation surgeries with the insertion of a screw which ultimately needed to be removed at the Hospital for Special Surgery in New York.

After Mediation, Arbitration and multiple depositions, the case was settled for the $500,000.00 policy limit of the defendant.

$225,000 Settlement for Accident That Occurred While Trying to Make A Left Turn

September 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $225,0000 settlement for an accident that occurred when the plaintiff was turning left into a parking lot.  The plaintiff was born in 1948.  In December 2012, she was attempting, with her left turn signal activated, to make a left turn into a parking lot.  At the same time, the defendant’s vehicle was traveling directly behind her and in her lane of travel.  While the plaintiff was in the process of making her left turn, the defendant was attempting to take evasive action and avoid hitting the rear of her vehicle and struck the plaintiff’s vehicle on the driver side door while the plaintiff was attempting to make a left hand turn.  The defense contended, however, that the plaintiff had pulled all the way to the shoulder of the road and was making a left turn from the shoulder rather than from her lane of travel.  Liability was contested with regard to the happening of the accident.  As a result of the accident, the plaintiff had arthroscopic surgery on her shoulder for tendonitis of the supraspinatus tendon and ultimately anterior cervical discectomy and fusion surgery. Despite the contested liability for the happening of the accident, the case was settled for $225,000.00.

$150,000 Settlement For College Student Who Was Injured While Asleep Between Classes

September 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $150,000 settlement for an accident that occurred while the plaintiff was napping in the back of her car.  The plaintiff was a college student at Union County College in Cranford.  In April 2012, she was asleep in her parked vehicle, with the engine off and windows closed in the parking lot, lying across the back seat, taking a nap in between classes.  While she was asleep and laying across the back seat in her parked vehicle, she was struck in the rear by a vehicle of a co-student.  The co-student struck her vehicle at a very low speed and the defense contended that the force of the impact was not sufficient to knock the plaintiff off her seat.  The defense hired a biomechanical expert to support that position.  The Plaintiff contended that it was not the force of the impact that knocked her off the seat, but the jarring of the vehicle coupled with the sounding of the alarm in the vehicle caused her to become startled and fall off the seat.  As a result of falling off the back seat of her vehicle she injured her neck which required two level anterior cervical discectomy and fusion surgery.  The defense produced records that the plaintiff had injured her neck in past and that this problem with her neck was not a new injury, but was a progressive injury that ultimately required the surgery.  In other words, the defense challenged whether the accident proximately caused the plaintiff’s injury.  The case was fought with pitfalls on both liability and damages, but it was nevertheless resolved with the assistance of the Court prior to trial for the amount of $150,000.00.

$ 230,000 Settlement for Rear End Collision While Stopped

September 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $230,000 settlement for a rear end collision that occurred while the plaintiff was stopped.  The Plaintiff is 53 years of age.  In May 2012, he was stopped in traffic while traveling in the left westbound lane on Route 46, near the intersection of Mt. Arlington Road in Roxbury, New Jersey.  There were three (3) vehicles stopped ahead of him.  The operator of the furthest vehicle to the front was stopped in order to assist in removing a turtle from the roadway.  While he was stopped, he was struck in the rear and pushed into the vehicle in front of him.  As a result of the accident, he sustained a herniated disc at L4-5 which was confirmed by MRI examination.  His lower extremity EMG test was abnormal for bilateral L5 radiculopathy.  After a series of injections failed to relieve his pain, he underwent posterior lumbar discectomy and laminectomy surgery at L4-5.  A complication arose and a second back surgery was performed in November 2013.  An additional postsurgical complication occurred at the surgical site which contained E. Coli bacteria and strong antibiotics were required subsequent to the second back surgery.  As a result of the antibiotics, the plaintiff developed a colitis condition and other gastroenterological problems. The one problem in the case is that for many years, the plaintiff had been complaining to his primary care physician about back pain and had a pre-existing herniated disc at the level he claimed in the automobile accident.  The defense contended with some merit that the plaintiff’s back condition predated the accident for many years and was not caused by the accident itself.  Despite this defense, the case was settled prior to trial for the amount of $230,000.00.

$195,000 Settlement Prior to Trial for Head-On Collision

January 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $195,000 settlement in a  car accident.  The plaintiff was traveling in a westerly direction on Route 80 when another vehicle traveling in an easterly direction crossed the center dividing area and came into the west bound lanes striking his vehicle in a virtual head on collision.  As a result of the accident, FC sustained an avulsion fracture of the left of the left transverse process of C-6 and non displaced fractures of the 6th, 7th and 8th ribs laterally.  He also sustained displaced fractures of the left 11th and 12th ribs posteriorly and a collapsed lung.  He lost consciousness with a concussion and also sustained a lumber disc herniation.  Fortunately for the plaintiff, he was able to avoid any surgeries and his injuries healed with little residual problems.  His case was resolved prior to trial for $195,000.

 

$195,000 Settlement Announced for Car Accident

January 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $195,000 settlement in a  car accident. The plaintiff was 50 years of age and she was traveling north on South Dale Avenue in the Township of Roxbury when another vehicle disregarded a stop sign.  As a result of the accident, she sustained two bulging discs in her cervical spine.  After conservative treatment and injection therapy failed to relieve her pain, she underwent two level anterior diskectomy and fusion surgery.  The defense argued that the surgery was unnecessary, but that there were only bulging discs which were common degenerative changes .  The case was resolved prior to trial for $195,000.

$165,000 Settlement Announced in Jersey City Car Accident

January 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $165,000 settlement in a  car accident.  On January 12, 2013, plaintiff was traveling in the right south bound lane of Tonnelle Avenue from the Lincoln Tunnel heading towards the exit ramp to the Pulaski Skyway in Jersey City when a commercial vehicle traveling adjacent to his in the left south bound lane failed to maintain his lane of travel striking the plaintiff’s vehicle causing the plaintiff to impact the concrete barrier and spin 180 degrees.  As a result of the accident the plaintiff underwent both left shoulder and left knee arthroscopic surgery.   The plaintiff had a history of left shoulder and left knee problems as well as preexisting surgeries on those parts of his body.   The claim was that this accident aggravated a preexisting asymptomatic condition.   He also sustained two cervical disc herniations which were treated conservatively.  His case was resolved prior to trial for $165,000

$375,000 Settlement Announced in Chain Reaction Car Accident

January 2014, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $375,000 settlement in a chain reaction car accident.  The plaintiff, 67 years of age, was a passenger in her own car which was being driven by her daughter.  They were stopped on Route 17 in Rochelle Park, NJ when the car was struck from behind by a tractor trailer who left 135 ft of skid marks prior to hitting car (indicating excessive speed).  There was significant damage to her car.   The driver of the truck was given two tickets for careless driving. As a result of the accident, Mrs. Rifici aggravated a pre-existing asymptomatic condition in her neck requiring anterior cervical diskectomy and fusion at three levels.

The attorney for the defense, David A. Weglin, Esq. of Schwab & Arons, admitted his client’s liability for the accident, but argued that the surgery was necessitated by a preexisting degenerative condition and not caused by the accident itself.

A month before trial, the case was mediated before retired Superior Court Judge Daniel P. Mecca on January 13, 2014 and was settled for $375,000.00.

$250,000 Settlement for Injuries Sustained in Car Accident

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $250,000 settlement for injuries sustained in a car accident.  The Plaintiff was an 18 year old young man who was a passenger in a vehicle traveling in a westerly direction on Route 46 in Rockaway, when a vehicle operated by an elderly woman disregarded a stop sign striking the left side of the vehicle and pushing it into a telephone pole.  The plaintiff suffered a traumatic brain injury, a collapsed lung and other fractures and injuries.  His case was settled for $250,000.00 whic was the maximum amount of insurance available for him to collect.

$130,000 Settlement for Car Accident

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $130,000 settlement for injuries sustained in a car accident. Plaintiff was involved in an automobile accident in or about April of 2012, that was not his fault.  However, for reasons that only he can explain, he did not receive any treatment whatsoever for what proved to be a neck injury for approximately six months.  Six months after the accident he began to complain about neck pain and ultimately underwent anterior cervical diskectomy and fusion surgery.  Despite the six month delay in treatment, the plaintiff settled his case prior to trial for $130,000.00.

$100,000 Settlement for Head-On Collision

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for a head-on collision. Plaintiff was traveling in an easterly direction on Route 10 when another vehicle lost control and struck her vehicle head on.  As a result of the accident, the plaintiff underwent anterior cervical discektomy and fusion surgery.  While her case was worth significantly more money, the maximum amount of insurance available to collect from the defendant was $100,000.00, which Ms. Rivas collected and settled her case prior to trial.

$80,000 Settlement for Motorcycle Accident

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces an $80,000 settlement for a motorcycle accident. Plaintiff was the operator of a motorcycle that was traveling in Parsippany.  Several vehicles were stopped in a single lane road to his right, which he passed on the left without entering the opposing lane of traffic.  As he was passing vehicles within his lane, he was struck by another vehicle that disregarded a stop sign.  While the plaintiff bore some responsibility for the accident occurring, his injuries were extreme and involved a laceration of his liver and other internal injuries.  After an arbitration hearing, his case was settled for $80,000.00.

$40,000 Settlement for Slip and Fall in Supermarket

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $40,000 Settlement for injuries sustained in a slip and fall accident in a supermarket.  Plaintiff was a business invitee at Bravo Supermarket in Dover when she slipped and fell as a result of a rubber mat in the produce section that was not properly secured.  She sustained a disc herniation which did not require surgery as a result of her fall.  Her case was settled for $40,000.00 prior to trial.

$32,000 Settlement for Shoulder Injury

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $32,000 settlement for a shoulder injury. Plaintiff was a 25 year old who was involved in an accident when another vehicle disregarded a stop sign.  As a result of the accident she tore her rotator cuff in her shoulder but elected not to undergo surgery.  Her case was settled prior to trial for $32,000.00.

$25,000 Settlement for a Wrist Injury Caused by Car Accident

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $25,000 settlement for a wrist injury. Plaintiff was stopped and struck in the rear and injured his wrist. He had arthroscopic surgery on his wrist with the suspicion that he might have torn a tendon in his wrist.  Although it ultimately turned out that no tendon was torn in his wrist and the surgery was more exploratory in nature, his case was nevertheless settled prior to trial for $25,000.00

$25,000 Settlement for Shoulder Injury

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $25,000 settlement for a shoulder injury. Plaintiff was involved in an automobile accident at the fault of another and she tore various ligaments and tendons in her shoulder that required arthroscopic surgery.  Unfortunately, the maximum amount of insurance available for the plaintiff was $25,000.00 which was the policy limit of the defendant.  Her case was worth substantially more but she was limited to collect that which was available.  Her case settled prior to trial for $25,000.00.

$25,000 Awarded for Herniated Disc

October 2013, Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $25,000 settlement for a herniated disc. Plaintiff was a nurse that was stopped and struck in the rear by another vehicle. She sustained a herniated disc as a result of the accident which did not require surgery. She selected the lawsuit limitation on her insurance policy which barred her from making a bodily injury claim of any kind even if the accident was not her fault.  This firm argued that she fell within the permanent injury exception to the statute and the defense disagreed.  After a trial before a jury, the jury deliberated for two days and in a very unusual circumstance could not decide and came back as a hung jury.  Prior to the re-trial of the case, the defendant’s insurance company settled the matter for $25,000.00, rather than taking the chance of re-trying the case before a jury a second time.

 

$130,000 Settlement for Injuries Caused By Being Rear-Ended By A Car

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $130,000 settlement for injuries caused when plaintiff’s car was rear-ended.  The Plaintiff, approximately 25 years of age, was traveling in an easterly direction on Route 10 in Roxbury in the left lane, approaching a traffic light. He initially contemplated moving to the right lane but changed his mind and came to a stop in the left lane.  The vehicle behind him thought he was moving to the right lane and was attempting to beat the light. When the Plaintiff did not move to the right lane, the defendant struck the rear of the plaintiff’s vehicle. The plaintiff was injured and required a partial laminectomy in his low back, leaving part of the disc and only removing that portion which was herniated. He also underwent an arthroscope for a torn medial meniscus in his knee.  The case was settled with Plymouth Rock Insurance Company for $130,000 prior to trial.

$190,000 Settlement for A Parking Lot Collision

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $190,000 settlement for injuries sustained in a parking lot collision.  The plaintiff, 52 years of age, was traveling through a parking lot when another vehicle exited, disregarding a stop sign, causing substantial injury to the plaintiff and his vehicle.  His primary injury involved a disc herniation in his lumbar spine which ultimately required surgery consisting of posterior lumbar diskectomy and fusion.  Liberty Mutual Insurance Company settled the case for $190,000.

$300,000 Settlement for Injuries Caused By A Vehicle Collision

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $300,000 settlement for injuries resulting from a vehicle collision.  The plaintiff was traveling east on Lincoln Boulevard in the Borough of Middlesex when another vehicle disregarded a stop sign, made a left turn directly into the front of her vehicle, causing over $7,000 in damage to the car.  As a result of the accident, she underwent three level anterior cervical diskectomy and interbody fusion at C4-5, C5-6, and C6-7 with the insertion of a single prosthetic device. Prior to trial, New Jersey Manufacturers Insurance Company settled the case for $300,000.

$125,000 Settlement for Injuries Caused In Garden State Parkway Accident

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $125,000 settlement for injuries sustained in an accident on the Garden State Parkway.  The Plaintiff is a 39 year old mother of two.  In May, 2010 she was traveling south on the Garden State Parkway when another vehicle improperly changed lanes, striking her car and causing her to spin out of control resulting in the plaintiff hitting the guard rail.  The problem with the case is that despite sustaining injuries in the accident, the plaintiff did not formally treat her injuries for approximately four months.  Thereafter, she treated on a regular basis and ultimately underwent anterior cervical diskectomy and fusion at C3-4.  Despite the large lapse in thie time prior to when the plaintiff went for treatment, the case was resolved subsequent to an arbitration hearing, but prior to trial, for $125,000.

$117,500 Settlement for Injuries to Passenger in Car Collision

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $117,500 settlement for a car accident caused by an 87 year old priest.  The plaintiff, a 25 year old hairdresser was a passenger in a motor vehicle that was involved in an accident when an 87 year old priest disregarded a stop sign.  As a result of the accident, the plaintiff underwent shoulder surgery requiring the placement of two anchors in her shoulder for a torn rotator cuff.  The case was settled by the Arch Diocese of the priest for $117,500.

$100,000 Settlement for Military Veteran Injured in Car Accident

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for a military veteran who was injured in car accident,   The plaintiff served in the military for many years.  Upon his discharge in March 2013, he was traveling south on Route 206, near the intersection of West Main Street in Chester when an 87 year old man who was traveling north on Route 206 failed to yield the right of way and made a left turn directly in front of the plaintiff.  As a result of the accident, the plaintiff sustained a severe injury to his neck as well as other injuries, necessitating anterior cervical diskectomy and disc replacement with decompression of the spinal canal at C6-7, as well as macro dissection of the nerve roots. Unfortunately, the defendant had no assets and the case was settled for the maximum $100,000 insurance policy limit.

$100,000 Settlement for Injuries Caused By Being Hit By Car from Behind

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for injuries caused by plaintiff’s car being hit by another car from behind. The plaintiff, a 35 year old woman was stopped and struck in the rear by another vehicle injuring her neck.  She sustained a herniated disc at c5-6 which required anterior cervical diskectomy and fusion surgery.  The maximum amount of insurance coverage available was $100,000, which is what the plaintiff was able to recover when the case settled.

$35,000 Settlement for Injuries Caused By Being Hit By Car On Side of Road

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $35,000 settlement for injuries caused when the plaintiff was struck while stopped on the side of the road.  The plaintiff was operating his girlfriend’s vehicle and was stopped on the shoulder of Route 280 so that he could make a telephone call without actually operating his vehicle.  The defendant who was traveling in the right lane failed to maintain his lane of travel and struck the plaintiff’s vehicle in the rear, causing the plaintiff to sustaining a herniate disc in his cervical spine, requiring extensive chiropractic treatment and injections,  The case was resolved prior to trial for $35,000.

$30,000 Settlement for Injuries Caused By Being Struck in the Rear

September 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $30,000 settlement for injuries sustained when plaintiff was struck in the rear of her car by another. The plaintiff, a 50 year old teacher, was involved in an automobile accident where her vehicle was struck from the rear and she sustained multiple bulging discs in her cervical spine.  The defendant argued that her injuries were not permanent in nature and failed to qualify as an exception to the lawsuit limitation restriction on the defendant’s insurance policy.  Despite the defense, the case was settled for $30,000 after an arbitration hearing for that amount.

$299,000 Settlement for Injuries Caused By Being Hit By Car

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $299,000 settlement for injuries caused by being hit by a car.  The plaintiff was a high school senior at Somerville High School walking home from school on the sidewalk.  A vehicle owned by a wealthy woman and given to her son to placate him as a result of a bitter divorce, was being operated at a high rate of speed and in a reckless manner.  The car jumped the curb and struck the plaintiff from behind knocking her through a fence.  The accident shattered the plaintiff’s leg, requiring open reduction and internal fixation, with an intermedullary rod.  The plaintiff, an accomplished dancer, lost her dance scholarship as a result of the accident.  The defendant possessed a $300,000.00 combined single limit policy and $299,000.00 of it remained after a $1,000.00 was paid by New Jersey Manufacturers for the fence through which the plaintiff was catapulted. The case was settled for the policy limit balance of $299,000.00 shortly after the initiation of a lawsuit.

$245,000 Settlement for Back Injury

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $245,000 settlement for a back injury.  Plaintiff was approximately 25 years old when the car he was driving was struck in the rear by another vehicle.  He aggravated a pre-existing spondyolitic condition in his lower back which required two level lumbar diskectomy and fusion surgery.  The defendant had a $250,000.00 policy limit and for economic reasons including the cost of trial, the plaintiff’s case was settled for $245,000.00.

$130,000 Settlement for Rear End Collision

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $13,000 settlement for injuries sustained in a rear end collision.  The plaintiff was traveling on Route 10 East in Roxbury when he was stopped at a red light and was thereafter struck in the rear.  As a result of the accident in which he struck his knee on the dashboard, the plaintiff required arthroscopic surgery on his knee for a bone chip. He also required microdiskectomy where a part of his disc in his lower back was removed, leaving the remainder of the disc.  He was approximately 25 years of age at the time of the accident.  The case was settled for $130,000.00 with Plymouth Rock Insurance Company prior to trial.

$100,000 Settlement for Injuries Sustained by a Passenger

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $100,000 settlement for a passenger in a car accident. The plaintiff was a passenger in a vehicle that was involved in an accident when another vehicle ignored a stop sign and pulled out from a parking lot. The plaintiff had an extensive medical history with numerous surgeries on various parts of his body but in this accident he injured primarily his shoulder which required arthroscopic surgery for a torn labrum. Prior to trial in Middlesex County, his case was settled for $100,000.00.

$80,000 Settlement for Knee Injuries

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces an $80,000 settlement for knee injuries. The plaintiff was a passenger in his wife’s vehicle which was traveling on Alps Road in Wayne when another vehicle made a left hand turn directly in front of his wife. It was alleged that his wife was exceeding the speed limit and not making proper observations; however, it was also alleged that the other vehicle also failed to make proper observations when making a left turn directly in front of the vehicle in which plaintiff was a passenger. The plaintiff injured both his left and right knees, but he had a significant prior history with regard to those knees. On both knees he had previous surgeries for torn meniscus a few years earlier. As a result of this accident, he was required to undergo arthroscopic surgeries on both knees again. The defense argued that the knee surgeries were related to an ongoing degenerative problem in his knees. Plaintiff argued that his knees were fine despite his prior history and at worst this accident aggravated an otherwise asymptomatic degenerative condition. The case was settled by New Jersey Manufacturer’s Insurance Company for $80,000.00 prior to trial.

$22,500 Settlement for Back Injury

July 2013, Denville, NJ

Christopher L. Musmanno, Esq., personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $22,500 settlement for a back injury. The plaintiff was involved in a motor vehicle accident where he sustained a bulging disc in his neck and his back. He was subject to a lawsuit limitation which required objective credible evidence of a permanent injury in order to present a bodily injury claim.  The defense argued that the bulging disc in his neck and his back were not tantamount to a permanent injury and he should be paid nothing for his injuries.  Despite this position, the defense ultimately relented and paid $22,500.00 for the two bulging discs which were sustained by the plaintiff as a result of the accident.

$225,000 Settlement for Passenger in Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $225,000 settlement for an automobile accident.  The plaintiff, 50 years of age, was a passenger in her girlfriend’s vehicle and because her girlfriend was under the influence of alcohol and traveling at a high rate of speed she lost control of her vehicle causing it to flip.  As a result of the accident, the plaintiff sustained a displaced fracture of the left transverse process, as well as a disc herniation at L5-S1.  After conservative care and injection therapy failed, she underwent lumbar diskectomy and fusion surgery.  Her case was resolved for $225,000.00, slightly less than the available insurance coverage.  A dram shop case against the bars that served her intoxicated friend had no legal basis in this instance.

$217,000 Settlement for Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $217,000 settlement for an automobile accident.  The plaintiff, a 50 year old gentleman with a prior history of low back surgery and fusion, was disabled at the time of his accident.   The plaintiff was traveling on Mount Pleasant Avenue away from the Rockaway Mall and was alleged to have cut in front of another vehicle by the defense.  The plaintiff claimed he did not cut in front of another vehicle immediately before the accident, but, rather, he moved in front of that vehicle several hundred feet before the accident occurred and was stopped and struck in the rear. As a result of the accident, he herniated a disc in his neck and injured his shoulder.  His neck required an anterior cervical diskectomy and fusion surgery and underwent arthroscopic surgery for a partially torn labrum on his shoulder.   There was significant argument with regard to the issue of liability.  After his arbitration hearing, where he was awarded $217,000, his case was settled for that amount prior to trial.

$151,000 Settlement for Rear End Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $151,000 settlement for an automobile accident.  The plaintiff, a 43 year old school teacher, was stopped in traffic in Boonton when she was struck in the rear by another vehicle.  The defendant claimed that he lost consciousness before the accident because of an undiagnosed medical condition and that he was not negligent.  The defendant claims that this was an act of God and he had no way of knowing he was going to lose consciousness, presumably because of a heart attack.  Depositions uncovered that the defendant had a significant prior history of medical issues including a history of a prior motor vehicle accident where he had a diabetic black-out because he did not take his medications.  As a result of the accident, the plaintiff underwent arthroscopy surgery on her right shoulder for a partial rotator cuff tear.  In addition, she herniated a disc in her neck which required microdiskectomy surgery without the insertion of any type of metal hardware.  After her arbitration hearing and discovery was completed, but prior to trial, her case was settled for $151,000.

$100,000 Settlement for Passenger in Commercial Vehicle Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for an commercial automobile accident.  The plaintiff was a passenger in a vehicle when a commercial vehicle pulled directly out of parking lot in front of the vehicle he was sitting.  As a result of the accident, he had arthrosopic surgery on his right shoulder and aggravated a pre-existing herniated disc in his neck and back, which required some injection therapy.  Despite his extensive medical past for numerous unrelated injuries, his case was settled by the carrier for the commercial vehicle for the amount of $100,000 three days prior to trial.

$65,000 Settlement for Passenger in Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $65,000 settlement for an automobile accident.  The plaintiff, approximately 42 years of age, was driving in Florham Park in a rental vehicle and was stopped in her lane waiting to make a left turn when she was struck in the rear by the defendant.  The defendant received a careless driving ticket.  The force of the impact was so great that it pushed the plaintiff’s vehicle forward approximately fifty feet from a dead stop.  As a result of the accident, she sustained a one and half inch scar on the left side of her forehead, a basilar skull fracture and a disc herniation at C6-7 that did not require any type of surgery.  Her case was resolved for the amount of available insurance of $65,000 prior to trial.

$55,000 Settlement for Rear End Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $55,000 settlement for an automobile accident.  The plaintiff, a 53 years old divorced mother of two, was stopped when she was struck in the rear.  As a result, she sustained a herniated disc which was treated conservatively without necessitating surgery.  Her case was settled during an under-insured motorist arbitration hearing for the amount of $55,0000.

$35,000 Settlement for Rear End Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $35,000 settlement for an automobile accident.  The plaintiff was stopped when she was struck in the rear injuring her knee which required arthroscopic surgery for a torn meniscus.  Her case was settled during the course of discovery for $35,000.

$25,000 Settlement for Passenger in Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $25,000 settlement for an automobile accident.  The plaintiff, pproximately 60 years of age, was a passenger in a vehicle that was stopped when another vehicle backed into it.  As a result, the plaintiff aggravated a pre-existing condition in her lower back, which ultimately required surgery.  Unfortunately, the car that struck the plaintiff only had a $25,000 policy limit, which was tendered in the case prior to trial, and the plaintiff did not possess any under-insured motorist coverage.  While she had a case that was worth much more in value, she could only collect the available insurance, since the defendant possessed no significant assets.

$25,000 Settlement for Rear End Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $25,000 settlement for an automobile accident.  The plaintiff, a young girl in her mid-twenties whose vehicle was stopped, was struck in the rear.  As a result, she sustained a non-operated herniated disc.  Unfortunately, the defendant who struck her only had a $15,000 policy limit which was offered.  The plaintiff possessed an additional $10,000 of available under-insured motorist coverage which was also obtained and her case was settled for the total amount of $25,000 – the total insurance available.

$15,000 Settlement for Automobile Accident

May 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $15,000 settlement for an automobile accident.  The plaintiff was operating her vehicle on Route 46 in Dover when another vehicle, insured by Allstate, made a left turn directly in front of her.  As a result, she sustained a bulging disc in her neck, but she also possessed the lawsuit limitation which was the primary defense in the case by Allstate.  The case was settled for $15,000 and it was settled for that amount after the defense attorney for Allstate failed to reject the arbitration award which was confirmed by way of motion.

$212,500 Settlement for Passenger in Automobile Accident

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $212,500 settlement for an automobile accident.  The plaintiff, approximately 49 years of age, 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 diskectomy 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.

$212,500 Settlement for Automobile Accident

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $212,500 settlement for an automobile accident.  The plaintiff, 46 years of age, 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.

 

$105,000 Settlement for Injury Incurred in Bar/Restaurant

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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, 40 years of age, 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 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.

 

$100,000 Settlement for Rear End Collision

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $100,000 settlement for an rear end collision.  The plaintiff, who was approximately 42 years of age in March 2011, 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 the plaintiff was driving.   The defendant was intoxicated at the time of the accident.  The plaintiff sustained neck and back injuries and after conservative therapy and injections failed, underwent lumbar diskectomy 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.

 

$92,500 Settlement for Automobile Accident

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $92,500 settlement for an automobile accident. The 58 years old plaintiff 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. 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.

 

$35,000 Settlement for Automobile Accident

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $35,000 settlement for an automobile accident.  The plaintiff, 39 years of age, was stopped in traffic on Route 440 in Woodbridge when she was struck in the rear.  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.

$37,500 Settlement for Motorcycle Accident

April 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 car 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 only 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.

$250,000 Settlement for Automobile Accident

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement for an automobile accident. The plaintiff, 78 years of age, 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.  The plaintiff 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 diskectomy 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.

$100,000 Settlement for Rear End Collision

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy 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.

$100,000 Settlement for Passenger in a Rear End Collision

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 stopped, the vehicle was struck in the rear and the plaintiff injured his back, sustaining a herniated disc, which required posterior lumbar diskectomy 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.

$75,000 Settlement for Passenger in Head On Collision

March 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$300,000 Settlement for Tractor Trailer Accident

February 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 seat.  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 diskectomy 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.

$450,000 Settlement for Automobile Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$325,000 Settlement for Automobile Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy 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.

$235,000 Settlement for Automobile Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy and fusion surgery at one level.  Her case was settled with Allstate Insurance Company prior to trial for $235,000.00.

$200,000 Settlement for Automobile Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy and decompression with interbody fusion.  Her case was resolved prior to trial for $200,000.00.

$187,500 Settlement for Automobile Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy 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.

$100,000 Settlement for Automobile Accident Caused by Reckless Driving

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$50,000 Settlement for Motorcycle Accident

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$35,000 Settlement for Injuries Sustained in Big Box Store

January 2013, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 a bg box 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.

$250,000 Settlement for Automobile Accident

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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. Musmanno settled the case prior to trial for $250,000.

$85,000 Settlement for Automobile Accident resulting in eye injury

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 vision 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.

$65,000 Arbitration Award for Automobile Accident

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 surgeries were not related to the accident.  The case was settled in arbitration and award of $65,000 was made.

$50,000 Settlement for Automobile Accident

December 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 received months of therapy.  Her case was settled for $50,000 prior to trial.

$200,000 Settlement for Automobile Accident

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$300,000 Settlement for Automobile Accident

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$100,000 Settlement for Automobile Accident

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 under-insured motorist claim to collect additional monies.

$150,000 Settlement for Automobile Accident

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement for a automobile accident.  The plaintiff was a passenger 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.

$150,000 Settlement for Automobile Accident

October 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$42,000 Verdict for Automobile Accident

September 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$142,500 Settlement for Automobile Accident

August 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 received $87,500.00 for her injuries.  Her passenger, who sustained a carpel tunnel injury requiring wrist surgery, received $55,000 prior to trial.

$150,000 Settlement for Sidewalk Fall

August 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 from a 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 deteriorated 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

$100,000 Settlement for Automobile Accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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  to undergo knee, neck and back surgeries.  Unfortunately, the defendant possessed a $100,000 policy limit which was tendered after litigation was filed.

$100,000 Settlement for Pedestrian Hit In a Crosswalk

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 under insured motorist coverage for bodily injury and was given another $85,000 for a total of $100,000 prior to litigation.

$80,000 settlement for automobile accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 of New Jersey in Pennsylvania, but it was 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 Barbarito & Frost is also handling the plaintiff’s workers compensation claim for permanent partial disability.

$232,500 Settlement for Car Accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 seat belt.  Returning from a trip to McDonald’s, the driver lost control of the vehicle causing it to flip 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.

$375,000 Settlement for Automobile Accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 commercial garbage truck thought it could make it across the highway from a 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 requiring 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.

$45,000 Settlement for Minor Car Accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 symptoms post surgically increased and he was forced to undergo a second surgery.  The case settled at the time of trial for $45,000.

$270,000 Settlement for Pedestrian Struck By Car

July 2012, Denville, NJ

Thomas F. Dorn, Jr.,  workers’ compensation and personal injury attorney with 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 significant fractures to both legs and developing a blood clot following 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 light was green.  The case was settled following an arbitration in court.

$35,000 Settlement for Sidewalk Accident

July 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$310,000 Settlement for Fast Food Restaurant Worker

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 removal of snow and ice.  The case was settled 2 days prior to trial for $310,000.

$195,000 Settlement for Distracted Driver Injury

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 defendant 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, striking the Plaintiff’s vehicle.  The plaintiff underwent neck surgery as a result.  The case was settled prior to trial for $195,000.

$200,000 Settlement for Slip and Fall in a Hospital

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 diskectomy and fusion and her case was settled for $200,000 prior to trial.

$112,500 Settlement for Automobile Accident Injury

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $112,500 settlement for a plaintiff 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 recommendation prior to the accident 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.

$165,000 Settlement for Automobile Accident

June 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$70,000 Settlement for Distracted Driver Settlement

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 country 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.

$20,000 Settlement For Pregnant Woman Injured in Apartment Complex

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 5th 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.

$30,000 Settlement for Knee Injury

February 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$400,000 Medical Malpractice Claim Settled

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 prior 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.

$275,000 Settlement for Herniated Discs in Neck

March 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$55,000 Settlement for Broken Leg

February 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $55,000 settlement. Plaintiff was operating an 18 wheel tractor trailer and disregarded a stop sign when another vehicle 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.

$100,000 Settlement for Neck Injury Caused by Car Crash

February 2012, Denville, NJ

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

$65,000 Settlement for Slip and Fall in Retail Store

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $65,000 settlement after arbitration. The Plaintiff walked into a “big box store” and slipped and fell on water causing injury to her back.  After securing the store’s surveillance camera video tapes, it was proved 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 arbitration.

$47,000 Settlement for knee injury

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$60,000 Settlement for Shoulder Injur

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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.

$90,000 Settlement in ATV Accident

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 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 hanging 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.

$50,000 Settlement in Retail Store Injury

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 through 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, resulting in scarring to the child’s face.  The retailer argued that the aisle was of sufficient width, even with the merchandise displays and argued the injury was caused by the child’s running.  Mr. Musmanno was able to successfully settle the case prior to trial for $50,000.

$55,000 Settlement in Car Accident

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $55,000 settlement in an auto accident case.  Plaintiff was operating his pickup truck and pulling into his driveway when he was struck in the rear by a drunk driver.  The Plaintiff herniated a disc in his back.  As a result, he had to undergo arthroscopic surgery on his knee.   The defense argued that 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.

$150,000 Settlement in Car Accident

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $150,000 settlement in an auto accident case.  Plaintiff 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.  Plaintiff underwent surgery for a torn rotator cuff and back surgery.  The defense argued that his back condition 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.

$250,000 Settlement for Pedestrian Acciden

December 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $250,000 settlement in an pedestrian accident.   Plaintiff 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 his leg and required 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 insurance on his policy for under-insurance benefits.

$90,000 Settlement for Slip and Fall

December 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $90,000 settlement in a slip and fall case.  Plaintiff 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 company jointly settled the case prior to trial.

$550,000 Settlement in Car Accident

December 2011, Denville, NJ

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

$2.7-Million Settlement in Oil Truck Accident Case

January 2012, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 on Madison Avenue in Hoboken. Mr. Mazzola could not get out of the path of the fuel truck in time to avoid the accident.

$175,000 Settlement for Backyard Acciden

June 2011, Denville, NJ

Christopher L. Musmanno, personal injury attorney with 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 barbecue.

$2.625-Million Settlement for Union Carpenter

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.

$600,000 Settlement for a Motorcycle Accident Case

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.

$2,150,000 Gross Verdict Reduced by 10% Comparative Negligence

Christopher L. Musmanno, Esq., Chair of the Personal Injury department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $2,115,000 verdict in a  failure to maintain parking lot accident.  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

$800,000 Settlement, Tardibuono vs. Castillo et al-Vehicle Accident

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.”