Awards, Settlements & Verdicts

**Results may vary depending upon the facts of each case

$247,500 Award for Motor Vehicle Accident

October 2017, 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 $247,500 settlement for a motor vehicle accident.

In December 2016, Plaintiff was a passenger in a vehicle when the Defendant struck the rear of the vehicle in which Plaintiff was driving.

Initially, Plaintiff did not present to the hospital because he was under the mistaken impression that he was merely suffering from some minor soreness.  It soon became evident, however, that his pain was increasing both in terms of severity and frequency with each passing day.  When his pain grew increasingly worse, he presented to a chiropractor, where he complained of headaches and severe neck pain radiating to his right shoulder. Given his complaints, he immediately commenced a course of conservative management consisting of chiropractic care, physical modalities and acupuncture treatment. He then underwent MRI testing of his cervical spine which revealed (1) bilateral disc herniation at C3-C4, greater on the left side, with associated spinal canal and left lateral recess stenosis; (2) bilateral disc herniation at C4-C5, greater in the paracentral region on the right side, with associated spinal canal stenosis; and (3) central disc herniation at C6-C7 with encroachment of the anterior aspect of the spinal canal.  He thereafter underwent an EMG/NCV study which revealed evidence of right C4, C5, and C6 radiculopathy.

Plaintiff was administered a cervical epidural steroid injection at C6-C7 which failed to alleviated his pain ultimately therefore, in October 2017, Plaintiff underwent surgery.

No defenses with respect to liability or damages.  No lost wage claim was asserted.

The case settled for $247,500, prior to the scheduling of a trial.

$85,000 Award for Motor Vehicle Accident

October 2017, 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 $85,000 settlement for a motor vehicle accident.

In August 2015, Plaintiff was coming to a complete stop for traffic on Interstate 80 when the Defendant struck the rear of Plaintiff’s vehicle pushing Plaintiff’s vehicle into the vehicle in front of him.  Responding Police Officer conducted an investigation that revealed positive results for impairment of defendant Decker due to prescription legend drug use. The police report also indicates that defendant Decker admitted being under the influence of multiple prescription legend drugs.

Initially, Plaintiff did not present to the hospital because he was under the mistaken impression that he was merely suffering from some minor soreness.  It soon became evident, however, that his pain was increasing both in terms of severity and frequency with each passing day.  When his pain grew increasingly worse, Plaintiff sought treatment with an orthopedist complaining of pain to his right wrist with shooting pains to his elbow and palm of his hand and was recommended to undergo an MRI of his right wrist which revealed a partial tear of the ulnar styloid insertion of the triangular fibrocartilage.  When his pain persisted, he sought a second opinion and was recommended a trial of cortisone injections which only provided temporary relief.  When his conservative treatments failed to alleviate his pain, Plaintiff ultimately underwent a right flexor carpi radialis tunnel release.

With regard to injuries to his lower back, Plaintiff commenced a course of conservative treatment consisting of chiropractic care and acupuncture and ultimately underwent MRI tests to his lumbar spine which revealed a L5-S1 annular tear with left paracentral disc herniation extending posterolaterally on the left side and  L4-L5 broad based bulging disc with an annular tear that compresses and deforms the dural sac.  As a result of his objective findings and subjective complaints, he consulted with a pain management doctor and with neurosurgeon.  In response his persistent lower back pain, his treating neurosurgeon discussed a potential L5-S1 discectomy which Plaintiff ultimately decided not to undergo.

No defenses with respect to liability or damages. No lost wage claim asserted.

The case settled for $85,000.00 prior to the scheduling of a trial.

$100,000 Award for a Pedestrian Accident

October 2017, 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 $100,000 settlement for a pedestrian accident.

In June 2016, Plaintiff was walking as a pedestrian, within a crosswalk when the Defendant made a left striking the Plaintiff in the crosswalk.

Plaintiff was transported via ambulance to the hospital and after a battery of diagnostic testing she was diagnosed with a concussion, scalp laceration and abrasions.  In addition to staples needed to close the laceration, Plaintiff commenced a course of conservative management, consisting of chiropractic care and physical modalities.  She underwent MRI testing of her lumbar and cervical spine which revealed (1) central disc herniation at C3-4 with encroachment of the anterior aspect of the spinal canal; (2) central disc herniation at C4-5 with encroachment of the anterior aspect of the spinal canal; and (3) central disc herniation at C5-6 and was referred to a pain management specialist and a neurosurgeon.

Due to the failure of her injuries to respond to conservative course of treatment, Plaintiff’s pain management doctor administered a cervical epidural steroid injection.  When the injection failed to alleviated her pain, her treating neurosurgeon recommended surgical intervention.  In July 2017, she underwent the following procedures:  Anterior cervical diskectomy and decompression of the canal at C4-C5; C4-C5 interbody fusion; C4-C5 insertion of a single DePuy prosthetic device; C4-C5 application of anterior cervical Eagle Plus titanium DePuy locking plate; Microdissection of the nerve roots using the operating Zeiss microscope; Interpretation of intraoperative x-rays without the presence of a radiologist.

The case settled for the $100,000.00 policy limit, prior to the scheduling of a trial.

$125,000 Award for a Motor Vehicle Accident

October 2017, 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 $125,000 settlement for a motor vehicle accident.

In April 2015, Plaintiff was stopped in traffic when his vehicle was rear-ended by the Defendant.

Over the next year, Plaintiff underwent numerous tests and treatments including a caudal steroid injection, chiropractic care and physical modalities, a transforaminal epidural steroid injection at L4-5 and L5-S1 and ultimately a discogram which was positive for a grade five annular tear with leaking of contrast into the epidural space at L5-S1.

After conservative treatments were ineffective in treating Plaintiff’s pain, his treating neurosurgeon recommended surgical intervention and in June 2016 he underwent left L5 hemilaminectomy, facectecomy and foraminotomy with decompression of nerve roots; Open L5-S1 discectomy; harvesting and placement of fat graft; use of microscope for microsdissection; fluoroscopic guidance and localization; placement of left On-Q local anesthetic catheter.

The case settled for $125,000.00, prior to the scheduling of a trial.

$475,000 Award for a Slip and Fall Accident

September 2017, 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 $475,000 settlement for a slip and fall.

In April 2015, Plaintiff, while in the course of his employment, backed his vehicle into his usual and customary parking space in the second row of the rear employee parking lot.  Plaintiff exited his vehicle then slipped and fell on black ice while in the process of closing his driver-side door.  Plaintiff’s legs came out from under him and he landed violently on his neck and left shoulder, experiencing immediate pain.

Plaintiff did not observe any snow removal/salting efforts when he left work the previous day or upon arrival the following morning prior to his injury.

Plaintiff did not immediately present for medical treatment after this incident, believing his soreness would resolve on its own. Plaintiff underwent chiropractic treatment for approximately three months with no improvement to his condition.

In September 2015, Plaintiff presented to his primary care physician who recommended he consult an orthopedist and to undergo MRI testing to his lumbar spine and left shoulder.

 

Plaintiff demonstrated left shoulder pain, loss in range of motion, and weakness and was recommended surgical intervention which was performed in November 2015.  Plaintiff was required to undergo extensive post-operative physical therapy for his left shoulder, wear a sling and sleep up-right in a recliner for an extended duration of time during recovery.

Additionally, plaintiff suffered from left ankle pain and instability; he was recommended to wear modified shoes for additional support.

As for the treatment to his spine, Plaintiff was suffering from persistent pain radiating throughout his upper and lower extremities with associated numbness and tingling. He was recommended to undergo a trial of cervical epidural steroid injections followed by physical therapy but was unresponsive and was thereafter recommended for anterior cervical diskectomy and fusion surgery at C5-6 and C6-7; surgery was performed in March 2016.

Plaintiff was outfitted with a cervical collar and he was directed to participate in post-operative physical therapy. Additionally, he began treatment to his lower back and underwent a lumbar spine MRI test and a lower extremity EMG/NCV which revealed evidence consistent with mild sensory motor peripheral neuropathy requiring Plaintiff to undergo a trial of lumbar epidural steroid injections coupled with additional courses of physical therapy to his cervical spine and lumbar spine.

The case settled at mediation for the amount of $475,000.00.

$242,500 Award for a Motor Vehicle Accident

August 2017, 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 $242,500 settlement for a motor vehicle accident.

In January 2016, while in the course of his employment, plaintiff was the operator of a work truck when defendant crossed over the center line of the roadway, directly in front of Plaintiff’s path of travel, violently striking Plaintiff’s vehicle head-on.  Plaintiff immediately sought treatment, complaining of pain to his neck.

Plaintiff had some prior history regarding his neck at the time of this accident.  He was involved in a prior accident in July 2014 wherein he sustained a biconcave disc herniation with indentation of the ventral margin of the cord and proximal bilateral foraminal stenosis and thereafter underwent anterior cervical discectomy and fusion surgery at C5-6, in July 2015.  However, his neck condition improved before the happening of this accident of January 2016.  When Plaintiff’s neck pain persisted, he returned to his neurosurgeon who recommended plaintiff undergo a posterior cervical fusion and in April 2016, plaintiff underwent application of cranial skull pins for traction; right iliac crest bone graft through a separate skin incision; C5-6 posterior cervical fusion; and C5-6 bilateral instrumentation with lateral mass screws and rods.   Plaintiff thereafter consulted with his neurosurgeon post operatively, but no additional treatment was recommended.

Defendant possessed a policy with a limit of liability for bodily injury in the amount of $250,000.00.  The case settled at a Settlement Conference for the amount of $242,500.00.

$125,000 Award for a Motor Vehicle Accident

August 2017, 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 $125,000 settlement for a motor vehicle accident.

Plaintiff was a front-seat passenger of a motor vehicle operated by her son, when a public bus violently struck the rear of the vehicle in which Plaintiff was riding as a passenger.

Initially, Plaintiff did not present to the hospital as she was under the mistaken impression that she was merely suffering from some minor soreness and that her injuries would quickly resolve. It soon became evident, however, that her pain was increasing both in terms of severity and frequency with each passing day.   She presented to a chiropractor where she complained of severe pain to her low back, mid back, knees and neck.  Given her complaints, she immediately commenced a course of conservative treatment which consisted of chiropractic treatment and physical modalities.  She was then referred for a series of diagnostic testing in order to better ascertain the nature and extent of her injuries and underwent MRI testing of her lumbar spine which demonstrated a left paracentral disc herniation at L5-S1 with encroachment upon the descending left S1 nerve root.  With respect to her right knee, the MRI report revealed a horizontal tear of the posterior horn of the medial meniscus.  She was thereafter referred to a pain management specialist and a neurosurgeon.

In light of Plaintiff’s severe objective findings, subjective complaints and due to the failure of her injuries to respond to conservative course of treatment, her pain management doctor administered a left L5-S1 transforaminal epidural steroid injection.  When the injection failed to alleviated her pain, her treating neurosurgeon recommended surgical intervention, undergoing the following procedures: (1) left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve root; (2) left S1 lateral recess decompression and foraminotomy with decompression of nerve root; (3) open L5-S1 diskectomy; and (4) harvesting and placement of fat graft.

The case settled prior to the scheduling of a trial, for $125,000.

$250,000 Award for a Motor Vehicle Accident

August 2017, 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 settlement for a motor vehicle accident.

In August 2016, Plaintiff was operating a motor vehicle when struck by the Defendant pulling out his parking spot.

Initially, Plaintiff did not present to the hospital as he was under the mistaken impression that he was merely suffering from some minor soreness and that his injuries would quickly resolve.  The day following the accident, Plaintiff presented to the hospital where he complained of severe neck and right shoulder pain. A physical examination demonstrated right paracervical tenderness as well as tenderness and spasms to the right trapezius muscle.  Plaintiff underwent x-ray testing of his cervical spine and right shoulder, the results of which were negative for fractures and/or dislocation and was diagnosed with a cervical and muscle strain.  He thereafter consulted with a chiropractor and immediately commenced a course of conservative treatment consisting of chiropractic care, therapeutic massages, manipulations, electric muscle simulations and modalities.  He then underwent MRI testing of his cervical spine and right shoulder.  The MRI report of his cervical spine demonstrated a central disc herniation at C5-6 with flattening of the ventral margin of the spinal cord; and central disc herniation at C6-7 with indentation of the thecal sac.  As to the right shoulder, his MRI report revealed a full-thickness tear of the supraspinatus tendon involving posterior fibers, as well as the infraspinatus tendon involving the anterior fibers, accompanied by subacromial/subdeltoid bursitis and a roughly 5 mm fluid gap; and an extensive tear of the superior labrum anterior and posterior (SLAP tear).  Plaintiff commenced physical therapy of his shoulder and a few weeks later, his treating orthopedic specialist administered a cortisone injection.

When Plaintiff’s symptoms and shoulder pain did not improve, he was indicated for surgical intervention and underwent an arthroscopic rotator cuff repair; biceps tenodesis; anterior laberal repair; SLAP repair; subacromial decompression and acromioplasty; lysis of adhesion and manipulation under anesthesia; distal clavical resection; and major debridement.

With regard to his neck injuries, when the course of conservative treatment failed to alleviate his symptoms, Plaintiff ultimately underwent C5-C6 interbody arthrodesis and diskectomy with decompression of spinal cord and nerve roots; C6-C7 interbody arthrodesis and diskectomy with decompression of spinal cord and nerve roots; C5-C6-C7 anterior instrumentation; Placement of C5-C6 intervertebral polyetheretherketone cage; Placement of C6-C7 intervertebral polyetheretherketone cage; Bone marrow harvesting for transplantation; Reconstruction of ilium; Harvesting of right morselized anterior iliac crest autograft; Harvesting of right structural anterior iliac crest autograft; Harvesting of local bone autograft; Placement of Actifuse.

At the time of this incident, Defendant possessed a policy with a limit of liability for bodily injury in the amount of $15,000.00.  The case settled for the $15,000 policy limit prior to the scheduling of a trial and prior to Defendant’s retention of counsel.

Additionally, Plaintiff possessed an insurance policy with a limit of liability for bodily injury underinsured motorist coverage in the amount of $250,000.00.  The case settled for the $235,000.00 available limit, prior to the scheduling of a trial.

As such, prior to the scheduling of a trial, the case settled for the total amount of $250,000.00.

$67,500 Award for a Trip and Fall

August 2017, 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 $67,500 settlement for a trip and fall.

In June 2016, Plaintiff was at a local elementary school, for the purpose of viewing her granddaughter’s presentation. The presentation required the teacher to take all visitors outside of the school to observe the school garden. Plaintiff was wearing sneakers, exited a school door with other attendees of the presentation, tripped and fell over a lip in the sunken asphalt and sustained serious injuries.

Prior to this accident, Plaintiff underwent bilateral knee replacements and required the use of a walker.

Following the accident, Plaintiff was transported via ambulance to the hospital.   She was unable to bear any weight and immediately underwent an x-ray test to her left knee, which revealed a nondisplaced fracture of the femur from the point of her artificial knee.  A splint and knee immobilizer was applied.  She was thereafter transferred to another hospital wherein she underwent further diagnostic testing, including a CT-scan of her lower extremity.  This testing confirmed an acute non-displaced periposthetic fracture of the distal femur of the left knee.  She commenced a short course of physical therapy at the hospital and was thereafter transferred to a rehabilitation center where she remained as an in-patient for approximately one (1) month.   Following her discharge from the rehabilitation center, she received approximately two weeks of home care services; she was non-weight bearing for a total of seven (7) weeks.  Upon being advanced to weight-bearing, she was discharged from home care services and continued with physical therapy as an out-patient.   Based on  her last appointment with her orthopedic specialist of December 2016, her periposthetic fracture of the distal femur of the left knee healed and although Plaintiff continued to experience significant pain, weakness and swelling in her left femur, surgery was not an option due to her medical history of pulmonary hypertension, chronic respiratory failure and scleroderma.

Defense’s position with respect to liability was that Plaintiff fall was not caused by the depression or lip in the asphalt sidewalk and that the fall was caused by Plaintiff’s slow gait and use of walker.

The case settled prior to the scheduling of a trial, for $67,500.

At the time of this accident, Plaintiff was retired. No lost wage claim was asserted.

$150,000 Award for a Motor Vehicle Accident

July 2017, 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 $150,000 settlement for a motor vehicle accident.

In September 2014, Plaintiff was fully stopped for traffic waiting to merge into traffic, when the Defendant struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.  Plaintiff immediately complained of back pain at the accident scene but did not immediately present to the hospital because she was under the mistaken impression that she was merely suffering from some minor soreness. It soon became evident, however, that her pain was increasing both in terms of severity and frequency with each passing day.  As such, Plaintiff presented to an urgent care facility on that same day and followed up with an orthopedic specialist and a chiropractor several days later.  Plaintiff commenced a conservative course of treatment which consisted of chiropractic treatment and physical therapy and was thereafter referred for diagnostic testing in order to better ascertain the nature and extent of her injuries.

As to Accident 2 (08/2015) & Accident 3 (09/2015):

While Plaintiff was undergoing treatment for her accident of September 2014, Plaintiff was involved in two subsequent accidents.  In August 2015, plaintiff was fully stopped in traffic when Defendant 2 struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.

A month later, in September 2015 Plaintiff was again, fully stopped in traffic when Defendant 3 struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.

As a result of the September 2014 accident, Plaintiff aggravated a pre-existing broad-based left paracentral disc herniation at L5-S1 causing mild ventral indentation of the thecal sac and abutting the left descending S1 nerve root; (2) left foraminal disc herniation at L2-3 with annular signal suggestive of an annular tear along with proximal foraminal narrowing of the exiting left L2 nerve root; and (3) left foraminal disc herniation at L1-2 with proximal left neural foramianl narrowing of the exiting left L1 nerve root.

Following the two subsequent accidents of August 2015 and September 2015, Plaintiff was referred back to diagnostic testing where she underwent an MRI test to her cervical spine and a repeat MRI test to her lumbar spine. Her cervical spine MRI demonstrated (1) superimposed disc herniation and central/right paracentral disc herniation at C4-5 with thecal sac indentation and mild spinal cord contact; (2) superimposed left paracentral disc protrusion at C5-6 and thecal sac indentation with mild spinal cord contact; and (3) superimposed left paracentral disc herniation at C6-7 with left paracentrally spinal cord contact and mild flattening as well as extension of the disc into the left C7 root entry zone. With regard to her lumbar MRI, it demonstrated (1) left foraminal disc herniation at L2-3 with proximal foraminal narrowing and crowding of the exiting L2 nerve root; (2) superimposed left foraminal disc extension at L3-4 with proximal narrowing and crowding of the exiting left L3 nerve root; and (3) left paracentral disc herniation at L5-S1 with mild ventral indentation on the thecal sac and abutting the left descending S1 nerve root.

She thereafter participated in a number of injections.  These surgical procedures are as follows: (1) lumbar epidural steroid injection at L3-4 (April 24, 2015); (2) lumbar epidurogram and left-sided L4, L5 and S1 selective nerve root block (July 17, 2015); (3) lumbar epidurogram and left-sided L4, L5 and S1 selective nerve root block (November 2, 2015). She thereafter underwent a lumbar diskogram at L1-2, L2-3, L3-4, L4-5 and L5-S1, which revealed positive findings of concordant pain at L5-S1.

When the injections failed to alleviate her symptoms, in May 2016, Plaintiff underwent open reduction and internal fixation surgery at L5-S1 consisting of open lumbar micro posterolateral diskectomy, laminectomy, lateral recess and disc decompression and facetectomy with posterolateral fusion, anterior lumbar interbody fusion, anterior lumbar cage stabilization, Alphatec bilateral pedicle screw stabilization via 6.5 40 screws and 6.5 35 screws and local bone graft harvesting.

Defendant 1 possessed a policy limit with a limit of $25,000.00.  The case settled as to Defendant 1 for the $25,000.00 policy limit, prior to the scheduling of a trial and prior to their retention of counsel.

Defendant 2 possessed a policy limit with a limit of $25,000.00.  The case settled as to Defendant 2 for $25,000.00 policy limit, prior to the scheduling of a trial.

Defendant 3 possessed a policy with a limit of liability for bodily injury in the amount of $100,000.00.  The case settled as to Defendant 3 for the $100,000.00 policy limit prior to the scheduling of a trial.

As such, the total settlement awarded in this matter was $150,000.00 pertaining to all accidents.

No lost wage claim was asserted.  No defenses with respect to liability of damages.

$100,000 Award for a Motor Vehicle Accident

July 2017, 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 $100,000 settlement for a motor vehicle accident.

In June 2016 Plaintiff was operating a motor vehicle when the Defendant crossed over the double yellow lines and struck Plaintiff’s vehicle head-on at an excessive rate of speed without warning.

Plaintiff was taken via ambulance to the hospital immediately following the accident where he complained of severe pain to his right shoulder and left ankle along with swelling and tenderness throughout his upper and lower extremities. In response to these complaints, he immediately underwent an X-ray test to his left ankle.  That radiograph revealed the following findings:  distal tibia fracture extending obliquely through the diaphysis and through the metaphysic into the tibial plafond along with tiny fragments at the fracture site in the distal articular surface and additional tiny avulsions along the medial malleolus.  Based upon the severity of these injuries, Plaintiff was indicated for surgical intervention to his left ankle.  Three (3) days later, Plaintiff underwent left ankle open reduction and internal fixation surgery utilizing an 8-hole Synthes medial distal tibial locking plate with accompanying locking screws in order to remediate a left distal fracture extending obliquely through the diaphysis and through the metaphysic into the tibial plafond along with tiny fragments at the fracture site in the distal articular surface and additional tiny avulsions along the medial malleolus and was thereafter discharged.

In addition to his left ankle injuries, he remained fully symptomatic with pain and loss of range in motion in his right shoulder and pain throughout his upper extremity.  He underwent a cervical MRI which revealed disc herniations at C3-4 and C4-5 with spinal cord impingement at those levels.  He also underwent an MRI to his right shoulder which demonstrated a full-thickness rotator cuff tear.

After Plaintiff recovered from his left lower extremity injuries and subsequent surgery he underwent arthroscopy repair of full-thickness rotator cuff tear using one 5.5 bio anchor Arthrex type; Subacromial decompression.  Plaintiff underwent post-operative physical therapy to his left ankle as well as to his right shoulder.  He also underwent a course of conservative treatment which consisted of chiropractic care for his cervical spine and a cervical epidural injection.

Defendant disputed liability, alleging that Plaintiff crossed over the double yellow line.  However, the physical evidence (i.e. the photographs of the respective vehicles) and Defendant’s deposition testimony did not support Defendant’s version of events.

Defendant possessed an insurance policy with a limit of liability for bodily injury in the amount of $100,000.00.  The case settled, prior to the scheduling of a trial, for the $100,000.00 policy limit.

At the time of this accident, Plaintiff was employed as a machinist.  He was out of work since the date of this accident, but received temporary disability benefits from the State of New Jersey.  A small lost wage claim was asserted which constitutes the difference between his net wages and that which was received via temporary disability benefits.

$85,000 Award for a Motor Vehicle Accident

July 2017, 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 $85,000 settlement for a motor vehicle accident.

In July 2015, in the course of his employment, Plaintiff was riding as a rear seat passenger of a vehicle owned by his employer and operated by a co-worker.  They were fully stopped in traffic when their vehicle was struck in the rear by the car directly behind them which was struck by the Defendant.

Plaintiff was taken via ambulance to the hospital immediately following the accident where he was examined, administered pain medication and discharged under the advisement to follow up with an orthopedic specialist.  Two (2) days later he presented to chiropractor, where he commenced a course of conservative treatment which consisted of chiropractic care, physical therapy, and acupuncture and also underwent diagnostic testing.  According to his cervical spine MRI report, Plaintiff sustained a right foraminal disc protrusion at C3-4 with moderate right neural foraminal synosis.  As for his lumbar MRI report, he sustained a small central disc protrusion and annular tear at L5-S1.  He was thereafter referred to a pain management specialist.  In light of Plaintiff’s severe objective findings, subjective complaints and due to the failure of his injuries to respond to conservative course of treatment, his pain management doctor administered a lumbar epidural steroid injection at L5-S1 and underwent left L3-4, L4-5 and L5-S1 facet joint injection administered with fluoroscopy guidance.  He consulted with an orthopedic specialist and a neurosurgeon who recommended additional injections.

On May 27, 2016 Plaintiff underwent right C3-4, C4-5 and C5-6 facet injections and on June 27, 2016 a left L5-S1 epidural steroid injection.   Because of Plaintiff’s age, he has not been recommended for surgery to date.

The case settled prior to the scheduled trial date for $85,000.00.

$100,000 Award for a Motor Vehicle Accident

July 2017, 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 $100,000 settlement for a motor vehicle accident.

In June 2016, Plaintiff was operating a motor vehicle when the defendant failed to stop at a red light causing him to violently strike Plaintiff’s vehicle.

Initially, Plaintiff did not present to the hospital because she was under the mistaken impression that she was merely suffering from some minor soreness. It soon became evident, however, that her pain was increasing both in terms of severity and frequency with each passing day.  As such, Plaintiff presented to the chiropractor one week later and commenced a course of conservative treatment which consisted of chiropractic treatment and physical therapy and was thereafter referred for diagnostic testing in order to better ascertain the nature and extent of her injuries.  As a result of this accident, Plaintiff sustained the following injuries:

  1. left posterolateral disc herniation at C4-5 with associated left lateral recess of the left neural foraminal stenosis;
  2. broad-based disc bulging at C6-7 with focal herniation on the right side and encroachment of the anterior aspect of the spinal canal; and
  3. left C4 radiculopathy.

Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, she consulted with a neurosurgeon who recommended and Plaintiff agreed to proceed with anterior cervical decompression and fusion surgery at C5-C6 and C6-C7 (two levels).  Plaintiff thereafter attended a PIP neurosurgical IME and that doctor confirmed that Plaintiff sustained a cervical spine injury as a direct result of the incident and he approved her for anterior cervical diskectomy and fusion surgery at three (3) levels, C4-C5, C5-C6 and C6-C7 as recommended her treating neurosurgeon.

Plaintiff has not yet undergone the recommended surgery.

Defendant possessed a policy with a limit of liability for bodily injury in the amount of $100,000.00.  The case settled prior to the scheduling of a trial, for the $100,000.00 policy limit.

$400,000 Award for Fall off Ladder (Negligence Case); $216,000 Award for the Workers’ Compensation Aspect of Case.

June 2017, Denville, NJ

Thomas F. Dorn, Jr., Esq., Partner, Certified Civil Trial Attorney and Certified Workers’ Compensation Law Attorney with the Law Firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. in Denville, NJ announces a $400,000 settlement for a negligence case and $216,000 settlement for the workers’ compensation aspect of the same accident.

In July 2013, in the course of his employment, Plaintiff was a Supervisor for a subcontractor company which was performing work in a job site in Bergen County.  Plaintiff fell from a ladder inside the job site and sustained compression fractures to several vertebrae in his low back and suffered a fracture to his left foot.

Plaintiff underwent three surgeries for his low back and underwent one surgery to his left foot.  Plaintiff sued the general contractor and two other subcontractors.  The defendants claimed that plaintiff moved the ladder shortly before he fell. The case settled for $400,000 before the trial date in this case.

Thomas F. Dorn, Jr. also settled the workers’ compensation aspect of this case for a gross award of $216,000.  The Judge in the workers’ compensation aspect of this case found permanent disability to the injured worker’s low back and left foot with an overall award of 60% of partial total.

Total Disability Award for a Workers’ Compensation Case

June 2017, Denville, NJ

Thomas F. Dorn, Jr., Esq., Partner, Certified Civil Trial Attorney and Certified Workers’ Compensation Law Attorney with the Law Firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. in Denville, NJ announces a 100% (total disability) workers’ compensation award for an injured worker who had complications following a hernia surgery.

In May 2009, Petitioner suffered a hernia and underwent surgery.  Following the surgery, Petitioner developed blood clot problems and then developed vascular problems resulting in skin rashes on his right foot which eventually spread to his left foot.  As a result of these vascular problems, Petitioner was unable to work.  Petitioner received several workers’ compensation awards due to the fact that he reopened his case as his vascular problems worsened.

In June 2017, a workers’ compensation Judge approved 100% total disability.  Petitioner is receiving lifetime weekly payments due to the significant injuries he sustained.

$100,000 Award for a Motor Vehicle Accident

June 2017, 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 $100,000 settlement for a motor vehicle accident.

In December 2015 Plaintiff was operating a motor vehicle when the defendant struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.  The force of the impact was so great that Plaintiff’s vehicle was propelled into the rear of the vehicle travelling ahead of him.  Plaintiff’s vehicle was totaled as a result of this accident.  It sustained property damage in the approximate amount of $15,000.

As a result of this incident, Plaintiff sustained the following injuries:

  1. Right paracentral extruded disc herniation at T1-T2 with moderate right lateral recess and neural foraminal narrowing encroaching on the exiting right T1 nerve root confirmed by abnormal upper extremity EMG/NCV findings consistent with right-sided C7-T1 radiculopathy;
  2. Midline disc herniation at C3-C4 with associated uncovertebral hypertrophy, spinal stenosis and moderate bilateral neural foraminal narrowing;
  3. Midline disc hernation at C7-T1 with spinal stenosis and bilateral lateral recess and neural foraminal narrowing confirmed by abnormal upper extremity EMG/NCV findings consistent with right-sided C7-C8 radiculopathy;
  4. Posterior disc herniation at C5-6 exerting pressure on the ventral aspect of the thecal sac and descending caudally into the spinal canal behind the posterior-superior margin of C6;
  5. Posterior disc herniation at C6-7 exerting pressure on the ventral aspect of the thecal sac with ascending cephalad into the spinal canal behind the posterior-inferior aspect of C6 as well as descending caudally behind the posterior-superior margin of C7;
  6. Posterior disc herniation at L2-3 with associated annular tear exerting pressure on the ventral aspect of the thecal sac;
  7. Posterior disc herniation at L3-4 exerting pressure on the ventral aspect of the thecal sac and extends into the right and left lateral recesses with narrowing of the inferior aspects of the neural foramina bilaterally with severity on the right also with ascending cephalad into the spinal canal behind the posterior-inferior aspect of L3 as well as descending caudally behind the posterior-superior margin of L4;
  8. Posterior disc herniation at L4-5 exerting pressure on the ventral aspect of the thecal sac with ascending cephalad into the spinal canal behind the posterior-inferior aspect of L4 as well as descending caudally behind the posterior-superior margin of L5; and
  9. Posterior disc herniation at L5-S1 exerting pressure across the entire ventral aspect of the thecal sac with ascending cephalad into the spinal canal behind the posterior-inferior aspect of L5 as well as descending caudally behind the posterior-superior margin of S1 and extending into the right lateral recess with slight narrowing of the inferior aspect of the neural foramen.

Immediately following the accident, Plaintiff was taken via ambulance to the hospital.   He thereafter consulted an orthopedic specialist and commenced a course of conservative treatment which consisted of physical therapy.  In light of Plaintiff’s severe objective findings, subjective complaints and due to the failure of his injuries to respond to physical therapy, he was recommended to undergo a course of injection therapy.  He thereafter participated in a number of injections:  (1) thoracic Epidural Steroid Injection at T1-T2 (05/13/2016); (2)  lumbar Epidural Steroid Injection at L5-S1 (05/20/2016); (3)  bilateral Median Branch Block at C4-C5, C5-C6, and C6-C7 (07/15/2016); and (4) bilateral Median Branch Facet Block at L3-L4, L4-L5, and L5-S1 (07/22/2016). When the injections failed to alleviate his symptoms, on plaintiff ultimately underwent left L3 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left L4 lateral recess decompression of foraminotomy with decompression of nerve root; left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left S1 lateral recess decompression and foraminotomy with decompression of nerve root; open L3_L4 diskectomy; open L5-S1 diskectomy.

At the time of this incident, Defendant possessed a policy with a limit of liability for bodily injury in the amount of $25,000.00.  The case settled for the $25,000.00 policy limit.  Plaintiff possessed an insurance policy with a limit of liability for bodily injury, underinsured motorist coverage in the amount of $100,000.00. The case settled as to Defendant for $75,000.00.

As such, prior to the scheduling of a trial, the case settled for the total amount of $100,000.00.

$100,000 Award for a Motor Vehicle Accident

June 2017, 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 $100,000 settlement for a motor vehicle accident.

In September 2014, Plaintiff was a passenger in a motor vehicle which was stopped for a red light when the defendant struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.

As a result of this accident, Plaintiff sustained a central herniation at C6-7 which appears acute, with associated encroachment of the anterior aspect of the spinal canal; left paracentral and posterolateral disc herniation at L5-S1 with left lateral recess stenosis; left posterior lateral disc herniation at L3-4; and left L4-5, left L5-S1 and left C6-7 radiculopathy.

Initially, Plaintiff did not present to the hospital but a few days after the accident, consulted a chiropractor and immediately commenced a course of conservative management consisting of chiropractic care, physical modalities and acupuncture treatment.  He was thereafter referred to a pain management specialist.  In light of Plaintiff’s severe objective findings, subjective complaints and due to the failure of his injuries to respond to physical therapy, his pain management doctor administered a left transforaminal epidural steroid injection at L3-L4 and L5-S1 in January 2015 and again in December 2015. With respect to his neck, plaintiff’s pain management doctor administered a cervical epidural steroid injection at C6-C7.  When the injections failed to alleviate his symptoms, plaintiff ultimately underwent left L3 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left L4 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left S1 lateral recess decompression of foraminotomy with decompression of nerve root; open L4-L3 diskectomy; open L4-L5 diskectomy; open L5-S1 diskectomy.

The defendant possessed a policy with a limit of liability for bodily injury in the amount of $100,000.00.  The case settled for the $100,000.00 policy limit.

$600,000 Award for a Motor Vehicle Accident

June 2017, 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 $600,000 settlement for a motor vehicle accident.

June 2016 Plaintiff was operating a motor vehicle when Defendant failed to maintain directional control of his vehicle while intoxicated, crossing over the double yellow line into Plaintiff’s lane of travel, striking Plaintiff’s vehicle head-on and seriously injuring Plaintiff. Plaintiff was unable to exit her vehicle, and emergency services personnel were forced to pry open the door. She was transported via ambulance to the hospital where she complained of neck pain, left side pain and right knee pain.  She underwent a battery of diagnostic tests, including x-rays, CT scans and MRIs which revealed the following injuries: displaced type III dens fracture with extension into the left foramen transversarium at C2; adjacent hematoma and soft tissue indentation adjacent to the C2 vertebral body; left wrist displaced fracture of the distal fifth (5th) metacarpal with slight volar angulation; a fracture of the posterior and lateral tenth (10th) rib; and a nondisplaced fracture of the posterior left ninth (9th) rib.  She also had extreme bruising to left side.  Plaintiff remained in the hospital for several days where she underwent extensive physical and occupational therapy. After her discharge from the hospital, she was transferred to a rehabilitation center for additional care and therapy, including physical therapy, occupational therapy and speech therapy.  She thereafter underwent a repeat CT scan of her cervical spine which demonstrated the same obliquely orientated type III dens fracture which extends to the left foramen transversarium with suspected callus formation seen along the fracture margin anteriorly. However, the fracture line seemed more conspicuous than when compared to the prior study and demonstrated increased distance of the C2 fracture.   She was thereafter recommended surgical intervention and was was transferred and re-admitted to the hospital where she underwent C2 odontoid screw placement surgery.

Prior to the scheduling of a trial, the case settled in the amount of $600,000.00.

$684,000 Total Award for a Motor Vehicle Accident (2 Plaintiffs)

May 2017, 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 $684,000 settlement for a motor vehicle accident.

In June 2015 Plaintiff 1 was operating a motor vehicle with Plaintiff 2 riding as a restrained passenger in the vehicle when Defendant attempted a left turn into a parking lot, entered Plaintiffs’ lane of travel and struck Plaintiffs’ vehicle at an excessive rate of speed without warning.  According to the police report, defendant admitted to seeing Plaintiffs’ vehicle approaching in the opposite lane of travel prior to attempting his left turn.  The officer attributed this accident to defendant, for driver inattention and for failing to recognize the distance between his vehicle and Plaintiffs’ vehicle before making his left turn.

Plaintiff 1 was taken via ambulance to Chilton Hospital where she complained of severe pain to her head, neck, lower back, and abdomen.  She was then discharged the same day under the instructions to follow up with an orthopedic specialist. Several days later, she presented to an orthopedic specialist, commenced conservative course of treatment and diagnostic tests were recommended which revealed broad-based midline disc herniaton in midline annular tear at C5-6 with effacement with the ventral thecal sac and mild bilateral recess narrowing and a focal midline disc herniation and annular tear at C6-7 with mild effacement of the ventral thecal sac without significant spinal stenosis or neural foraminal narrowing.  Her left shoulder MRI demonstrated a superior labral tear along with AC joint arthropathy and bicep tenosynovitis. Her upper extremity EMG/NCV revealed abnormal findings consistent with left C6 radiculopathy and carpal tunnel syndrome.

Due to the chronic nature of Plaintiff’s pain and the failure to respond to the course of conservative treatment consisting of physical therapy and pain management,  Plaintiff 1 ultimately underwent two-level interbody arthrodesis discectomy and fusion surgery at C5-6 and C6-7 with decompression of the spinal cord and nerve roots at each level along with placement instrumentation and intervertebral Peek Cage from C5 to C7 accompanied by bone marrow harvesting for transplantation; reconstruction of the ilium; harvesting of the right morselized anterior iliac crest autograft; right structural anterior autograft; placement of OsteoMatrix; harvesting of local bone autograft; and placement of right anterior iliac crest On-Q local anesthetic catheter. This surgery required a 4cm incision.

When physical therapy failed to relieve her shoulder pain, Plaintiff underwent left shoulder operative arthroscopy with extensive debridement, decompressive acromioplasty, excision lateral aspect coracoacromial ligament, anterior and anterior inferior acromionectomy, arthroscopic Mumford procedure and bursectomy.

Defense doctor confirmed limited cervical range of motion.  Plaintiff 1, stopped working in March 2016; a lost wage claim was asserted.

Plaintiff 2 was taken via ambulance to St. Joseph’s Regional Medical Center where she complained of severe pain to her chest, abdomen, neck and lower back. She also complained of defuse bruising and contusions throughout her upper and lower extremities.  She was admitted as an inpatient where she remained for three days until discharged and was then instructed to follow up with an orthopedic specialist.  Several days later, she presented to an orthopedic specialist, commenced conservative course of treatment and diagnostic tests were recommended which revealed (1) partial articular-sided and interstitial tearing of the supraspinatus with partial tear and intratendinous ganglion on the infraspinatus; (2) partial tear of the distal subscapularis tendon with partial tear and degeneration of the biceps which is subluxed onto the lesser tuberosity; and (3) chronic post-traumatic appearance to the anterior inferior glenoid with chronic tear of the labrum on her right shoulder.

Her left knee MRI report demonstrated grade iv chondromalacia of the patella and lateral trochlea with joint effusion as well as spurring of the superior patella pole.  A lumbar spine MRI revealed abnormal signal suggestive of edema within the L5-S1 right pars interarticularis.  A lower extremity EMG/NCV test revealed abnormal findings consistent with right-sided S1 radiculopathy.  A left shoulder MRI revealed (1) full-thickness tear of the supraspinatus tendon at the muscular tendinous junction with a large fluid gap, measuring 9×15 mm; (2) diffuse signal abnormality throughout supraspinatus tendon with interstitial tearing more distally involving both the supraspinatus and infraspinatus tendon; (3) associated large subacrominal/subdeltoid bursitis with glenohumeral joint effusion; (4) longitudinal intrasubstance tear of the biceps tendon within its groove with extension into the rotator cuff interval involving the long head of the biceps tendon in association with a partial intrasubstance tear of the subscapularis tendon at the lesser tuberosity insertion; and (5) anterior-superior labrum tear.

After this accident Plaintiff 2 was unable to bear any weight on her left knee and was suffering from persistent pain throughout her body. When physical therapy failed to relieve her knee pain she underwent left knee arthroscopy of the posterior horn of the medial lateral meniscus with meniscectomy and chondroplasty in the medidal femoral condyle. Following her left knee surgery, she underwent a difficult post-operative course with severe pain and swelling in her left knee.  Her left knee required two (2) separate procedures during which fluid was aspirated from her knee.

Due to the chronic nature of Plaintiff’s shoulder pain and the failure to respond to the course of conservative management consisting of physical therapy and pain management, Plaintiff 2 underwent left shoulder arthroscopic surgery with mini arthrotomy and rotator cuff repair with significant scarring.  With regard to her back pain, she underwent a course of pain management which consisted of epidural injections.

Plaintiff 2 was out of work for five months. A lost wage claim was asserted.

The case settled prior to the scheduling of a trial at a Settlement Conference for the total amount of $684,000.00 ($500,000.00 awarded to Plaintiff 1 and $184,000.00 was awarded to Plaintiff 2).

$250,000 Award for an Accident with a Bus

May 2017, 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 settlement for an accident with a bus.

In September 2015, Plaintiff was waiting at his usual bus stop with the intention of taking the bus to New York where he worked.  When the bus arrived at the stop and its doors were opened, Plaintiff attempted to step onto the bus with his left leg following other people, but as he began to enter the bus, the driver pulled away while the doors were still open and Plaintiff was partially in the bus. Plaintiff was being pushed along as the bus began to drive forward.  The Defendant never looked in the direction of the door while Plaintiff was attempting to enter the bus. As the bus was pulling away and Plaintiff was being pushed along, Plaintiff saw he was going to be pinned between a fire hydrant and the bus in seconds.  Plaintiff was trying to free himself by twisting away.  Plaintiff and an independent witness were yelling for the bus to stop.  Plaintiff was then thrown violently to the ground, landing on his back, followed by his head whipping to the ground. The bus driver stopped after traveling a distance of approximately six (6) feet, whereupon Plaintiff reentered the bus and traveled to New York City because he was under the mistaken impression that he was merely suffering from some minor soreness.

Plaintiff presented to the hospital the evening of the incident where he complained of neck pain and a headache.  When his pain failed to resolve, he commenced a course of conservative treatment, consisting of chiropractic care and physical therapy.  When the course of conservative treatment failed to relieve his pain, diagnostic tests were recommended which revealed a significant right sided disc herniation at C7-T1 where the disc material according to the radiologist, significantly impresses upon the right margin of the dural sleeve and cervical spinal cord encroaching upon the exiting right sided C8 nerve root sleeve; bulging discs at C4-5 and C5-6; and an abnormal upper extremity EMG examination indicating right C5-6 radiculopathy and demyelinating and axonal median nerve neuropathy at the wrist consistent with Carpal Tunnel Syndrome.  Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, on March 8, 2017 he ultimately underwent C6-C7 interbody arthrodesis and discectomy with decompression of spinal cord and nerve roots; C6-C7 anterior instrumentation; Placement of C6-C7 intervertebral PEEK cage.

The case settled prior to the scheduling of a trial for $250,000.00.

$100,000 Award for a Motor Vehicle Accident

May 2017, 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 $100,000 settlement for a motor vehicle accident.

In January 2017, Plaintiff was operating a motor vehicle when Defendant failed to maintain her lane of travel, crossed over the double yellow line and struck Plaintiff’s vehicle, head on at an excess rate of speed. Plaintiff’s airbags deployed due to the severity of the impact.

Plaintiff was taken via ambulance to the hospital and underwent a battery of diagnostic tests including, but not limited to, x-ray tests to her bilateral ankles and pelvis as well as CT scans to abdomen, pelvis, head, cervical spine, and left lower extremity. As a result of this accident, Plaintiff sustained the following injuries which required approximately two weeks of in-patient hospitalization:

  1. Hemoperitoneum and mesenteric injury of the small intestine, remediated by an exploratory  laparotomy, bowel resection, and  primary anastomosis.
  2. Bilateral ankle fractures remediated by application of an external fixator to the left leg, closed reduction of the right lateral malleolus fracture, and open reduction and internal fixation of the left tibial plateau fracture after removal of the external fixator;
  3. Nondisplaced fracture through the posterior tubercle of the left C6 transverse process, managed in an Aspen collar;
  4. Traumatic head injuries consisting of a subarachnoid hemorrhage along the anterior right cerebral convexity and a subdural hemorrhage along the anterior tentorium on the left; and
  5. Stable anemia secondary to acute blood loss.

Upon Plaintiff’s discharge, she was transferred for additional in-patient physical therapy.

The case settled for the $100,000.00 policy limit prior to filing a lawsuit.

$270,000 Award for a Motor Vehicle Accident

May 2017, 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 $270,000 settlement for a motor vehicle accident.

In December 2014 Plaintiff was operating his motor vehicle when he came across a car which was disabled and partially blocking the left lane of travel without illumination and/or warning flares.  As Plaintiff approached the disabled vehicle, he was waived down by Defendant.   Plaintiff proceeded around Defendant’s vehicle, left the roadway in its entirety and parked his vehicle completely on the shoulder between the left guardrail and the left lane fog-line.  Thereafter, Plaintiff exited his vehicle as a Good Samaritan in an attempt to offer assistance to defendant.

Immediately prior to his arrival, the vehicle of Defendant came to be disabled as a result of a collision with another car.

While Plaintiff was attempting to render aid to Defendant 1, a vehicle owned by Defendant 2 negligently failed to maintain proper observations, failed to take evasive action and/or otherwise failed to operate her vehicle at a speed consistent with the prevailing road conditions when she struck the rear of the disabled vehicle of Defendant 1 at an excessive rate of speed without warning.  This impact propelled the vehicle of Defendant 1 where it struck Plaintiff’s body while he was walking as a pedestrian fully within the left shoulder.  Thereafter, the vehicle of Defendant 1 continued traveling north and struck Plaintiff’s vehicle with immense force.  Plaintiff was taken via ambulance to the hospital and immediately underwent a battery of diagnostic testing, including but not limited to CT scans and MRI tests to his head, brain, neck and chest, among other areas.

As a result of this accident, Plaintiff sustained the following injuries:

  1. Complex operative repair of left ear avulsion injury, forehead laceration and left neck laceration consisting of, among other things, re-approximation of the neck/left trapezius laceration via extensive irrigation and debridement followed by clamping and tying of veins with 4-0 Vicryl ties, fixation of muscle and fascia tissue with 0 Vicryl sutures, and open wound skin closure utilizing 3-0 nylon sutures;
  2. Complex operative repairs of left ear, 14.2 cm, and forehead, 10.7 cm, composed of left ear reconstruction by implanting a ¼ in. Penrose drain into the ear canal followed by left ear re-attachment to the external canal at 12, 6, and 9 o’clock positions to achieve scalp surface alignment via 5-0 nylon sutures along with re-approximation of forehead laceration via 2-0 Vicryl sutures and 4-0 nylon running sutures;
  3. Displaced fracture of the left frontal skull bone with pneumocephalus and overlying left fronto-parietal scalp hematoma;
  4. Left vertebral artery dissection extending into the distal aspect of the cervical vertebral artery and intracranially with possible occlusion of the proximal aspect of the left intracranial vertebral artery;
  5. Left paracentral broad-based disc protrusion at C5-6 with central canal stenosis and moderate bilateral neural foraminal narrowing;
  6. Large subcutaneous emphysema in the left upper shoulder region with 4.1 x 2.8 cm focus of hyperdensity within the subjacent edema representing hematoma; and
  7. Broken left molar, which will necessitate a root canal procedure.

As such, prior to the scheduling of a trial, the case settled for the total amount of $270,000.00.

$1,250,000 Award for a Motorcycle Accident

April 2017, 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 $1,250,000 settlement for a motorcycle accident.

In June 2016 at approximately 4:34 p.m., decedent was traveling on his motorcycle with the right of way when he was struck by the defendant at a high rate of speed without warning.  The force of the impact was so great that the decedent was ejected from his motorcycle.

According to the investigative crash report, the motorcycle of decedent slid approximately 10 feet, 4 inches at which point it impacted a curb and then continued to slide an additional 11 feet, 2 inches until final rest. The helmet of decedent demonstrated evidence of an impact to the lower jaw, scraping to the right side of the head and a broken visor.  The motorcycle sustained damage and paint transfer to its right fairing without damage to the front wheel, confirming the point of impact with the vehicle of defendant.  In addition, the motorcycle sustained a broken shift-linkage, large dent and hole in the gas tank, a separated exhaust system and the left handlebar broken from its mount. The vehicle of defendant evidenced damage to the left front bumper, bumper mounts and quarter-panel. There were no skid marks in the left lane prior to impact.

Paramedics at the scene confirmed that decedent was conscious and ambulatory at the scene of the accident for a period of time before collapsing. He was taken via ambulance to the hospital where he was pronounced dead.

Decedent succumbed to an untimely death as a result of the following blunt trauma injuries sustained from this accident:

External evidence of blunt trauma:

  1. Ecchymosis to the medial aspect of the right periorbital region; and
  2. Scattered abrasions in the right lower extremity.

Internal evidence of blunt trauma:

  1. Multiple liver lacerations;
  2. Transverse fracture of the sternum;
  3. Anterolateral fractures of the right 2nd and 3rd ribs;
  4. Lateral fractures of the left 4th, 5th and 6th ribs;
  5. Right retroperitoneal hemorrhage;
  6. Cervical paravertebral hemorrhage;
  7. Extensive periaortic periesophageal soft tissue hemorrhage from the thorax through lower abdomen; and
  8. 1000 ml of fluid blood within the peritoneal cavity.

Prior to the scheduling of a trial, the case settled for the amount of $1,250,000.00.

$97,500 Award for a Motor Vehicle Accident

April 2017, 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 $97,500.00 settlement for a motor vehicle accident.

In February 2016 Plaintiff was fully stopped in traffic when Defendant negligently failed to maintain her lane of travel, changed lanes and struck Plaintiff’s fully-stopped vehicle in the rear at an excessive rate of speed, without warning.  Initially, Plaintiff did not present to the hospital as he was under the mistaken impression that he was merely suffering from some minor soreness.  It soon became evident, however, that he would require medical attention as the frequency and intensity of his pain increased with each passing day. He ultimately sought treatment which consisted of a course of chiropractic care and physical therapy.

When the course of conservative treatment failed to relieve his pain, MRIs were recommended which revealed left paracentral disc herniation at C4-C5 with impingement upon the left ventral margin of the spinal cord and proximal bilateral foraminal stenosis; central disc herniation at C5-C6 with annular tear and impingement upon the ventral margin of the spinal cord with proximal right foraminal stenosis; and central disc herniation at L5-S1 with encroachment on the bilateral inferior foramina and anterior epidural fat indentation.  Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, Plaintiff ultimately underwent right L5 hemilaminectomy facetectomy and foraminotomy with decompression of the nerve roots; Right S1 lateral recess decompression and foraminotomy with decompression of nerve root; open L5-S1 diskectomy.

The Defendant possessed a special automobile insurance policy established pursuant to N.J.S.A. 39:6A-3.3 which was a limited policy that only afforded emergency personal injury protection and death benefit coverage and did not provide bodily injury or property damage liability coverage.  As such, Defendant was advised to open an underinsured motorist bodily injury claim file.  Plaintiff possessed a $100,000.00 policy limit.

Prior to the scheduling of a trial, the case settled for the amount of $97,500.00.

$187,500 Award for a Slip and Fall Accident

April 2017, 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 $187,500.00 settlement for a slip and fall accident.

In January 2015 Plaintiff was intending to retrieve medicine from her vehicle, which was parked in the parking lot of her apartment building.  At this time, significant ice had accumulated throughout the premises, including, but not limited to the sidewalk adjacent to the Plaintiff’s apartment unit.  Without knowledge of its icy condition, Plaintiff attempted to negotiate the sidewalk to her car, but the hazardous ice condition caused her to slip and fall directly and violently on the right side of her face.  The force of the impact was so great that she was temporarily rendered unconscious, and she sustained multiple lacerations to her face.  Plaintiff was taken via ambulance to the hospital.

As a result of this incident, Plaintiff sustained maxillofacial surgery as follows: (a) open reduction and internal fixation of the right zygomaticomaxillary complex fracture via multiple surgical approaches utilizing a Synthes pink 0.7 mm plate and a 0.4 mm Synthes strut plate each of which was fixated by numerous 5 mm screws; (b) open reduction and internal fixation of the right orbital floor blowout fracture with an alloplastic implant reconstruction utilizing Vicryl mesh to reconstruct the orbital floor; (c) open reduction and internal fixation of a depressed zygomatic arch fracture; and (d) decompression of entrapped cranial nerve, V-2; simple laceration repair to right upper eye lid, totaling 2.5 cm via nine (9) 6.0 nylon sutures; simple laceration repair to right upper eye lid, totaling 2.0 cm via seven (7) 6.0 nylon sutures; and aggravation, exacerbation and/or acceleration to a pre-existing superimposed central posterior disc herniation at L5-S1 with extrinsic pressure on the anterior thecal sac with the protrusion measuring 20.3 mm x 6.2 mm.

The case settled prior to the scheduling of a trial at the time of Mediation for the amount of $187,500.00.

$165,000 Award for a Motor Vehicle Accident

April 2017, 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 $165,000.00 settlement for a motor vehicle accident.

In February 2015 Plaintiff was operating a motor vehicle when Defendant 1 failed to yield the right of way while attempting to make a left turn and collided with Plaintiff’s vehicle.  At the same time, Defendant 2 negligently and carelessly, parked a company oil truck partially obstructing the view of vehicles at the intersection, which ultimately caused Defendant 1 to strike and seriously injure Plaintiff.  Plaintiff was transported via ambulance to the hospital.

Plaintiff commenced a course of conservative treatment, consisting of chiropractic care and acupuncture.  When the course of conservative treatment failed to relieve her pain, MRIs were recommended which revealed a subacute centrally and right-sided disc herniation with associated compressive deformity of the dural sac at L3-4; subacute central disc herniation at L4-5 with compressive deformity of the dural sac and spinal canal stenosis; subacute central and left-sided disc herniation with compressive deformity of the dural sac at L5-S1; central and right sided disc bulging at C5-6 with encroachment of the anterior aspect of the spinal canal; and central disc bulging at C6-7 with encroachment of the anterior aspects of the spinal canal.  Plaintiff’s lower extremity EMG/NCV test revealed positive findings for left L4 radiculopathy.  Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment and pain management, on January 20, 2016, she ultimately underwent left L4 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left S1 lateral recess decompression and foraminotomy with decompression of nerve roots; open L4-L5 diskectomy; open L5-S1 diskectomy.

Prior to the scheduling of a trial, the case settled for the total amount of $165,000. ($150,000 paid by Defendant 1 and $15,000 paid by Defendant 2.)

$170,000 Award for a Motor Vehicle Accident

April 2017, 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 $170,000.00 settlement for a motor vehicle accident.

In July 2015, Plaintiff was fully stopped in traffic when a commercial vehicle driven by the defendant struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.  Plaintiff presented to the hospital via personal transportation on the day of the accident.

Plaintiff commenced a course of conservative treatment, consisting of chiropractic care, physical therapy and acupuncture.  When the course of conservative treatment failed to relieve her pain, she underwent diagnostic testing which indicated a central disc herniation at C4-5 with encroachment on the anterior aspect of the spinal canal confirmed by positive upper extremity EMG/NCV findings for left C5 radiculopathy; left-sided disc herniation at C6-7; and central disc herniation at L5-S1 with associated compressive deformity on the anterior aspect of the dural sac.  She thereafter consulted a pain management specialist and underwent a lumbar epidural steroid injection at L4-5 and bilateral lumbar medial branch blocks administered to L3, L4 and L5.

Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment and pain management, on January 12, 2017, she ultimately underwent Right L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; right S1 lateral recess decompression and foraminotomy with decompression of nerve root; open L5-S1 diskectomy.

The case settled prior to the scheduling of a trial in the amount of $170,000.

$225,000 Award for Slip and Fall

April 2017, 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 $225,000.00 settlement for a slip and fall.

In December 2013 Plaintiff slipped and fell due to black ice on a commercial sidewalk owned by Defendant.  Plaintiff was taken was taken via ambulance to the hospital where he immediately underwent a series of diagnostic testing which revealed a left distal humerus fracture obliquely coursing through the distal metaphysic and diaphysis and extending inferiorly through the capitellum and a radial head fracture displaced by a capitellar fracture.  Subsequent to this diagnostic testing, Plaintiff orthopedic doctor indicated Mr. Williams for surgical intervention.  Plaintiff underwent the recommended operation to his left arm, specifically open reduction and internal fixation of the left distal humerus and left radial head along with ulnar subcutaneous transposition utilizing a Striker 10-hole posterolateral plate with corresponding screws to the humerus, as well as the implantation of an additional 2.3 mm lag screw fixating the radial head. Following the surgery, Plaintiff underwent a course of post-surgical physical therapy. As a result of this accident, Plaintiff sustained severe bruising and significant scarring, and is left with plate and screws inside his arm.

The case settled prior to a trial being scheduled for the amount of $225,000.00.

$245,000 Award for an Automobile Accident

April 2017, 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 an automobile accident.

In September 2015, Plaintiff was operating a motor vehicle and was struck when the defendant failed to maintain directional control of his vehicle and/or take evasive actions, crossing over the double yellow line into Plaintiff’s lane of travel, and striking the left driver side of Plaintiff’s vehicle, seriously injuring Plaintiff.  Plaintiff was transported to the hospital via ambulance from the scene of the accident. She subsequently underwent various CT scans and was diagnosed with a cervical strain, abdominal contusions, back pain and a closed head injury.

When her neck and back condition failed to improve, Plaintiff commenced a course of conservative treatment consisting of chiropractic care and acupuncture. When the course of conservative treatment failed to relieve her pain, MRIs were recommended which revealed posterior spondylosis seen in association with a right-sided disc herniation at C3-4 with extrinsic impression upon the dural sleeve as well as upon the exiting right-sided C4 nerve root sleeve; a left-sided disc herniation at C5- 6 with left-sided C6 root encroachment and left foraminal narrowing; and posterior spondylosis seen in association with a right paracentral disc herniation at C6-7 with impression upon the dural sleeve and impingement upon the ventral margin of the cervical cord and left foraminal narrowing. Due to the failure of her injuries to respond to conservative treatment, she was recommended to treat with a pain management physician wherein she underwent cervical epidural steroid injections.  When the injections failed to alleviate her symptoms Plaintiff underwent C5-6 interbody arthrodesis and diskectomy with decompression of spinal cord and nerve roots; C6-7 interbody arthrodesis and diskectomy with decompression of spinal cord and nerve roots; C5-6-7 instrumentation; placement of C5-6 intervertebral PEEK cage; placement of C6-7 intervertebral PEEK cage; application of cranial tongs; fluoroscopic guidance for localization;  bone marrow harvesting for transplantation;  reconstruction of ilium; harvesting of right morselizing anterior iliac crest autograft; harvesting of right structured anterior iliac crest autograft; harvesting of local bone graft; placement of Actifuse; use of microscope for miscrodissection and diskectomies; and placement of right anterior iliac crest On-Q local anesthetic catheter.

Defendant possessed a $100,000.00 insurance policy limit and prior to the retention of defense counsel, the case settled as for the $100,000.00 policy limit.  Additionally, Plaintiff possessed a $250,000 CSL policy.  After Defendant’s insurance company tendered its $100,000 policy limit, the underinsured motorist claim part of the case settled with Defendant’s insurance for the amount of $145,000.00.

As such, the case settled for the total amount of $245,000.00 prior to a trial being scheduled.

Total Disability Award for a Workers’ Compensation Case

March 2017, Denville, NJ

Thomas F. Dorn, Jr., Esq., Partner, Certified Civil Trial Attorney and Certified Workers’ Compensation Law Attorney with the Law Firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. in Denville, NJ announces a workers’ compensation award in which the injured worker received 100% (total disability) for a work related motor vehicle accident.

In September 2013, Petitioner was in a work van when a NJ Transit Bus struck his work van in a head-on collision causing severe injuries to Petitioner’s neck, low back and left shoulder.  Petitioner underwent several surgeries.  A workers’ compensation claim petition was filed for Petitioner’s various injuries and following his trial testimony, Petitioner received total disability in which he will be receiving the maximum weekly amount allowed in NJ workers’ compensation law for the year 2013 for the rest of his life.

$200,000 Award for an Automobile Accident

March 2017, 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 $200,000.00 settlement for an automobile accident.

In July 2016, plaintiff was a passenger in a vehicle fully stopped in traffic and when defendant negligently failed to maintain proper observations, failed to maintain reasonable safe following distance and/or otherwise failed to take evasive action when she struck the plaintiff’s vehicle in the rear at an excessive rate of speed without warning.  Initially, plaintiff did not present to the hospital but due to the frequency and intensity of pain in his neck and back, sought chiropractic treatment, physical therapy and acupuncture.  When the course of conservative treatment failed to relieve his pain, MRIs revealed central disc herniation at C5-C6 with associated encroachment on the anterior aspect of the spinal canal; right paracentral disc herniation at L5-S1 with right lateral recess and neural foraminal stenosis, as well as spinal canal stenosis, confirmed by positive lower extremity EMG/NCV findings for left L5-S1 radiculopathy; and central disc herniation at L4-L5 with associated spinal canal and bilateral neural foraminal stenosis.  Due to the chronic nature of plaintiff’s pain and the failure to respond to conservative treatment and pain management, he ultimately underwent C5-C6 interbody arthrodesis and diskectomy of spinal cord and nerve roots; C5-C6 anterior instrumentation; placement of C5-C6 intervertebral PEEK cage; application of cranial tongs; fluoroscopic guidance for localization; bone marrow harvesting for transplantation; reconstruction of ilium; harvesting of right morselized anterior iliac crest autograft; harvesting of right structural anterior iliac crest autograft; harvesting of local bone autograft; placement of Bacterin OsteoSponge; use of microscope for microdissection and the diskectomy; placement of right iliac crest On-Q local anesthetic catheter.

The case settled prior to trial and prior to the retention of defense counsel for the amount of $200,000.

$100,000 Award for an Automobile Accident

March 2017, 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 $100,000.00 settlement for an automobile accident.

In July 2016, plaintiff was traveling as a passenger in the defendant’s vehicle traveling westbound on Route 46 when the driver struck another vehicle; plaintiff was transported to the hospital.

As a result of the accident, plaintiff commenced a course of chiropractic treatment and physical therapy.  When the course of conservative treatment failed to relieve her pain, MRIs were recommended which revealed a central disc herniation at C4-5 with encroachment of the anterior aspect of the spinal canal and contiguity with the spinal cord; central disc herniation at C5-C6 with encroachment of the anterior aspect of the spinal canal; central disc herniation at L4-5 with encroachment of the dural sac and spinal canal stenosis; and central disc herniation at L5-S1 with deformity of the anterior aspect of the dural sac and spinal canal stenosis.

Due to the chronic nature of Plaintiffs pain and the failure to respond to conservative treatment, she underwent C4-5 interbody arthrodesis and discectomy with decompression of the spinal cord and nerve root; C5-6 arthrodesis and discectomy with decompression of the spinal cord and nerve root; C4-C5-C6 anterior instrumentation; placement of C4-5 intervertebral PEEK cage; application of cranial tongs; fluoroscopic guidance for localization; bone marrow harvesting for transplantation; reconstruction of ilium; harvesting of right morselized anterior iliac crest autograft; placement of harvesting of right structured anterior iliac crest autograft; harvesting of local bone autograft; placement of OsteoSelect DBM putty; use of microscope for microdissection and discectomies; and placement of right anterior iliac crest On-Q local anesthetic catheter.

The case settled prior to trial for the defendant’s $100,000 policy limit.

$225,000 Award for an Automobile Accident

March 2017, 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 $225,000.00 settlement for an automobile accident.

In February 2016, plaintiff was driving on Route 80 in Fairfield when she was struck in the rear by the defendant.  Plaintiff immediately went to the hospital and commenced a course of chiropractic treatments and physical therapy.  When the course of conservative treatment failed to relieve her pain, MRIs were recommended revealing a central disc herniation at C5-6 with encroachment of the anterior aspect of the spinal canal, and left posterolateral disc herniation at L4-5 with associated encroachment of the left L4-5 neural foramina.

Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, she underwent a C5-6 interbody arthrodesis; and discectomy of spinal cord and nerve roots; C5-6 anterior instrumentation; placement of C5-6 intervertebral PEEK cage; application of cranial tongs; fluoroscopic guidance for localization; bone marrow harvesting for transplantation; reconstruction of ilium; harvesting of right morselized anterior iliac crest autograft; harvesting of right structural anterior iliac crest autograft; harvesting of local bone autograft; placement of Bacterin OsteoSponge; use of microscope for microdissection and the discectomy; placement of right iliac crest On-Q local anesthetic catheter.

The case settled prior to trial for the amount of $225,000.

$100,000 Award for an Automobile Accident

March 2017, 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 $100,000.00 settlement for an automobile accident.

In November 2014, plaintiff was stopped at a red light on Route 10 in Hanover Township when struck by the defendant.  The force of the impact, propelled the plaintiff’s vehicle into the vehicle stopped directly in front of him.  Initially, plaintiff did not present to the hospital sought treatment approximately 2 ½ weeks after the accident.  When a course of conservative treatment failed to relieve his pain, a cervical MRI was recommended which revealed a broad posterior disc herniation at C6-7 and aggravation of a degenerative condition at C4-5 causing a mass effect on the ventral aspect of the spinal cord.  He was also diagnosed with right C5-6 radiculopathy and left C6 radiculopathy pursuant to an EMG study.  Due to the chronic nature of Plaintiff’s pain, and the failure to respond to conservative treatment, he was recommended for anterior cervical disc extension and fusion at C4-5 and C5-6.  However, less than a year prior to the accident, Plaintiff underwent a quadruple bypass and his cardiologist did not recommend Plaintiff to undergo surgery to the cervical spine.

The case settled prior to trial in the amount of $100,000.

$300,000 Award for a Snowboarding Accident

February 2017, 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 $300,000.00 settlement for a snowboarding accident.

In February 2015, plaintiff, a minor, was attending a party at the defendant’s house where alcohol was being served.  He was encouraged to bring his snowboard to the party and he did so.  At the party, Plaintiff observed a snowboard jump made out of snow, located approximately 10-15 yards from the back of the defendant’s house.  More than 6 hours after arriving at the party, plaintiff went to the top of the hill and attempted to snowboard down the hill and use the snow ramp.  It is estimated that the plaintiff flew 20-25 feet in the air and landed on his head and neck.  He was rendered unconscious.

As a result of this accident, plaintiff sustained a burst fracture involving the C4 vertebral body necessitating C4 corpectomy with anterior fusion; a revision surgery and C4 corpectomy, C5-6 radical discectomy with placement of interbody cage and anterior C3-6 fusion, which followed with a posterior C3-6 segmental instrumental fusion and arthrodesis; a compression fracture of the anterosuperior aspect of the T11 vertebral body; a fracture of the right pedicle of the T3 vertebral body; and a fracture of the superior endplate at L4.

Defendant claims plaintiff was not invited to the party.  Therefore, due to issues of liability, the case was settled prior to trial in the amount of $300,000, half of the defendant’s available $600,000 in maximum insurance coverage.

$100,000 Award for an Automobile Accident

February 2017, 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 $100,000.00 settlement for an automobile accident.

In February 2015, plaintiff was traveling southbound on the Garden State Parkway when the car ahead of him made an improper lane change, impacting Plaintiff’s vehicle.  As a result of the accident, Plaintiff sustained a focal left-sided disc herniation at C6-7 with encroachment of the left lateral recess, appearing to be subacute; bilateral disc herniation at c7-T1 with associated encroachment on the right side of the lateral recess and left neural foramina, appearing subacute; and bulging disc at C5-6 contacting the ventral aspect of the spinal cord causing spinal canal stenosis.  Plaintiff did not immediately present to the hospital but did so approximately 5 days later commencing a course of conservative treatment.  Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, he ultimately underwent two-level anterior cervical discectomy and fusion surgery at C5-6 and C6-7 with arthrodesis and decompression of the spinal cord and nerve roots as well as the harvesting of bone marrow, the right structural anterior iliac crest and the right morselized anterior iliac crest along with placement of Osteomatrix graft and placement of an intervertebral PEEK cage at C5-6 and C6-7 in order to remediate a focal left-sided disc herniation at C6-7 with encroachment on the left lateral recess and a bulging disc at C5-6 contacting the ventral aspect of the spinal cord causing spinal canal stenosis.

The case settled, prior to trial, for the amount of the defendant’s insurance policy, $100,000.

$250,000 Negligence Settlement; $14,000 Workers’ Compensation Award

January 2017, Denville, NJ

Thomas F. Dorn, Jr., Esq., Partner, Certified Civil Trial Attorney and Certified Workers’ Compensation Law Attorney with the Law Firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. in Denville, NJ announces a $250,000 settlement for a slip and fall accident.  In January 2012, in the course of his employment, Plaintiff was in his company parking lot which was covered in black ice when he slipped and fell.

Plaintiff received emergency room treatment at St. Clare’s Hospital in Denville, NJ where he was diagnosed with a severely fractured right wrist.  Plaintiff had extensive surgery on his right wrist in which the doctor inserted hardware in Plaintiff’s wrist.  Plaintiff underwent significant physical therapy after his accident.

Paintiff presented evidence that the defendant company who was responsible for salting and maintaining the parking lot where Plaintiff fell, did not respond to phone calls concerning the inclement weather and did not arrive at the parking lot to salt or sand before Plaintiff’s accident.

This case settled for $250,000 before the trial date.

Thomas F. Dorn, Jr. also settled the workers’ compensation aspect of this case for 40% of the right hand or approximately $14,000.00.

$148,000 Award for an Automobile Accident

January 2017, 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 $148,000.00 settlement for an automobile accident.

In August 2013, plaintiff was fully stopped in traffic when he was struck behind at an excessive rate of speed without warning.  Plaintiff was taken via ambulance to the hospital; thereafter he commenced a course of conservative treatment.

As a result of the accident, plaintiff sustained a central posterior disc herniation at L4-5 impinging upon the thecal sac causing moderate stenosis of the spinal canal; and right paracentral disc herniation at L5-S1 impinging upon the thecal sac causing moderate stenosis of the spinal canal.

Due to the chronic nature of the plaintiff’s pain and the failure to respond to conservative treatment, he ultimately underwent right L4 hemilaminectomy, facetectomy and foraminotomy with decompression of the nerve root; right L5 hemilaminectomy, facetectomy and foraminotomy with decompression of the nerve roots; right S1 lateral recess decompression and foraminotomy with decompression of the nerve root; open L4-5 discectomy; open L5-Si discectomy.

The case was arbitrated in August 2016 and the arbitrator assessed 100% responsibility to the defendant that struck plaintiff in the rear and awarded plaintiff $175,000.  The case settled prior to trial for the amount of $148,000.

$225,000 Award for a Slip and Fall at a Grocery Store

January 2017, 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 $225,000.00 settlement for a slip and fall.

In August 2013, plaintiff was grocery shopping in flip-flop sandals when she slipped and fell in a puddle of water a result of two cases of water which were broken and leaking onto the floor.  Plaintiff did not immediately present to the hospital, but went the next day, after which she commenced a course of conservative treatment.

As a result of the accident, plaintiff sustained right paracentral disc protrusion at C3-4; broad-based right paracentral disc protrusion at C4-5; broad-based central/left paracentral disc protrusion at C5-6; broad-based paracentral disc protrusion at C6-7; left foraminal disc protrusion at C7-T1; central disc protrusion at L3-4, with moderate bilateral foraminal narrowing abutting the exiting L3 nerve roots bilaterally; disc bulge at L4-5 with bilateral foraminal narrowing abutting exiting L4 nerves bilaterally and synovial cyst adjacent to the right facet joint; and disc bulge at L5-S1 with right foraminal narrowing.

Due to the chronic nature of the plaintiff’s pain and the failure to respond to conservative treatment, she ultimately underwent anterior cervical discectomy and fusion, C5-6 and C6-7; placement of interbody prosthesis, C5-6 and C6-7 with anterior spinal instrumentation and C5, C6 and C7.

The case was arbitrated in September 2016 wherein 90% responsibility was assessed to the grocery store and 10% responsibility to the plaintiff.  The gross arbitration award was $250,000 and after taking into consideration plaintiff’s 10% comparative negligence, the net award in plaintiff’s favor was $225,000.

$125,000 Settlement for an Automobile Accident

January 2017, 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 $125,000.00 settlement for an automobile accident.

In May 2014, Plaintiff was driving her car when the defendant disregarded a stop signed and failing to yield to the right of way, made a left turn in front of the plaintiff, colliding with the plaintiff’s vehicle.

As a result of the accident, plaintiff sustained a disc herniation at C4-5 and an aggravation of a pre-existing disc herniation at C3-4 requiring injection therapy.  Due to the chronic nature of the plaintiff’s pain and the failure to respond to conservative treatment, she ultimately underwent C3-C4 interbody arthrodesis and discectomy with decompression of spinal cord and nerve roots; C3 corpoctomy with decompression of spinal cord; C3-C4 anterior instrumentation; and placement of C3-C4 intervertebral PEEK cage.

Several years prior, plaintiff was injured as the result of a motor vehicle accident in which she was rear-ended by a truck.  She suffered injuries to her lower back, right knee and neck, including disc herniations at C3-C4, C5-C6, L4-L5 and L5-S1.  The defense argued that the plaintiff’s injuries claimed in the accident of May 2014 were, in fact, the result of the previous accident.

Despite this, the case settled prior to trial for the amount of $125,000.

$550,000 Total Settlement for an Accident at a Construction Site

December 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 $550,000.00 settlement for an accident at a residential construction site.

In April 2015, Plaintiff was standing on a ladder in the course of his employment approximately fifteen (15) feet off the ground preparing a home for siding when a strong gust of wind came and knocked the ladder on which the Defendant was standing, to the ground.  Note, extreme winds were predicted well in advance for the date of this occurrence.

As a result of the accident, Plaintiff sustained right lower extremity open comminuted displaced fractures to the right tibial and fibia shafts with overriding fracture fragments and a large soft tissue laceration.  Injuries remediated by six (6) total surgeries:

  1. Four-compartment fasciotomy with closed reduction and manipulation of the right proximal tibia fracture and application of a multi-planar external fixator;
  2. Irrigation and debridement of the right proximal tibia fracture site with application of a VAC wound dressing and manipulation under anesthesia of the right ankle joint;
  3. Open reduction and internal fixation surgeries to both the right tibial shaft fracture and bicondular tibial plateau along with irrigation and debridement of the fasciotomy wound as well as the removal of the external fixation device; repair to the right medial meniscus; and application of a VAC dressing;
  4. Irrigation and debridement of the subcutaneous tissue of the tibial plateau fracture, including both epidermis and dermis with application of a VAC wound dressing;
  5. Irrigation and debridement of the right fasciotomy incision and application of a VAC wound dressing
  6. Split-thickness skin graft.

Additionally he underwent three (3) blood transfusions, right knee manipulation, arthroscopy with chondroplasty and right knee partial menisectomy.

With the assistance of a mediator, the case was settled at a mediation hearing for the amount of $550,000.00.  The case remains open against a second Defendant and Plaintiff still has a pending workers’ compensation claim against his employer.

$175,000 Settlement for an Automobile Accident

December 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 $175,000.00 settlement for an automobile accident.

In May 2015, Plaintiff was stopped in traffic when he was rear-ended.  Plaintiff had prior medical history which consisted of pre-existing conditions to his neck and had been in treatment for months prior to the accident.  Just two days before the accident, Plaintiff underwent epidural steroid injections.  Plaintiff’s pain was significantly aggravated, accelerated and/or exacerbated due to the accident and sustained a significant size central and left-sided disc herniation at C5-C6 with extrinsic impression upon the cervical cord, as well as upon the existing left sided C6 nerve root, requiring operative intervention by way of an open C5-6 arthoplasty and fusion surgery; central disc herniations at C4-C5 and C3-C4 with cord impingement; broad central and left-sided disc herniation at L4-5 which impresses upon the ventral margin of the dural sleeve and encroaches upon the inferomedial aspects of both neural foramina, left more so than right, and lateral recess stenosis and central stenosis, requiring two (2) lumbar epidural steroid injections at L4-5; and left knee injury consisting of chronic left knee strain with chondral damage, synovitis, chondromalacia of the patella, and fracture of the superior lateral aspect of the patella, resulting in a left knee injection.

Although defense had a strong argument because of Plaintiff’s prior medical history, this case settled prior to trial in the amount of $175,000.

$180,000 Total Settlement for an Automobile Accident

December 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 $180,000.00 settlement for two plaintiffs for an automobile accident.

In November, 2015, Plaintiff T.R. was traveling with a Plaintiff J.R. on Springfield Avenue in Summit when the defendant disregarded a stop sign and collided with Plaintiffs seriously injuring both.

As a result of the accident, Plaintiff T.R. underwent L4-5 decompression and fusion procedure with instrumentation and right S1 radiculopathy.  Plaintiff J.R. sustained severe and permanent personal injuries including but not limited to traumatically induced chiari malformation causing extreme vertigo and headaches and C4-C5 and C6-C7 disc herniations with abnormal upper extremity EMG revealing acute C4-C5 radiculopathy.

The case settled prior to trial for the amount of $150,000 for Plaintiff T.R. and $30,000 for Plaintiff J.R.

$100,000 Settlement for an Ice Skating Accident

December 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 $100,000.00 settlement for an ice skating accident.

In February 2013, Plaintiff was ice skating during an open public skate.  Plaintiff was hit by another skater, falling to the ice, landing with her entire body weight onto the left side of her face.  As a result of the incident, Plaintiff sustained a left-sided orbital fracture requiring open reduction and internal fixation surgery with the implantation of three (3) prosthetic plates to reconstruct the orbital socket, fixated by numerous self-tapping and self-drilling screws.  She also sustained scar tissue entrapment of her left eye and a right paracentral disc herniation in her cervical spine at C5-6 with bilateral femoral stenosis.

Plaintiff did not want to proceed to trial, therefore, due to the issue of liability, the case was settled at a Settlement Conference for the total amount of $100,000.

$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 Settlement for Slip and Fall

July 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 $135,000.00 settlement for a slip and fall.

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 Settlement for Slip and Fall

June 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 $265,000.00 settlement for a slip and fall.

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.

$200,000 Settlement for Motor Vehicle Accident

June 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 $200,000.00 settlement for a motor vehicle accident.

Plaintiff is a 27 year old woman.  In November 2014, she was stopped at an intersection, waiting to make a left hand turn.  For reasons that are not entirely clear, the Defendant, lost control of his vehicle and swerved off the road, striking the Plaintiff’s fully stopped vehicle head on without warning.

As a result of the accident, the Plaintiff sustained the following injuries: central herniation at C5-6 of the intervertebral disc with encroachment of the anterior aspect of the spinal canal; central bulging at C6-7 of the intervertebral disc; central herniation at L5-S1 of the intervertebral disc and disc material extending inferior to the disc space and associated encroachment of the anterior aspect of the spinal canal; and broad-based disc bulging at L4-5 of the intervertebral disc with deformity of the anterior aspect of the dural sac.  Ultimately, Plaintiff elected to proceed with L5-S1 decompression and fusion procedure with instrumentation.

Subsequent to depositions of the parties, the case settled for $200,000.  Additionally, Plaintiff was unable to work for about two (2) weeks following the accident itself and for approximately one (1) month following her back surgery.  There was a small lost wage claim.  All medical bills were paid, subject to the applicable co-payment and deductible provisions on her automobile insurance policy.

$175,000 Settlement for Slip and Fall in a Grocery Store

June 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 $175,000.00 settlement for a slip and fall at a grocery store.

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 Settlement for Slip and Fall

June 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 $350,000.00 settlement for a slip and fall on a wooden deck.

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 Settlement for Slip and Fall

May 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 $350,000.00 settlement for a slip and fall in a parking lot.

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 Settlement for Motor Vehicle Accident

May 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 $220,000.00 settlement for a motor vehicle accident.

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 Settlement for Pedestrian Accident

May 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 $240,000.00 settlement for a pedestrian accident resulting in death.

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 Settlement for Motor Vehicle Accident

May 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 $100,000.00 settlement for motor vehicle accident.

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 Settlement for Pedestrian Accident

April 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 pedestrian accident resulting in death.

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 Settlement for Motor Vehicle Accident

April 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 injuries sustained in a motor vehicle accident.

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 Settlement for Motor Vehicle Accident

April 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 $235,000.00 settlement for injuries sustained in a motor vehicle accident.

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 Settlement for Motor Vehicle Accident

April 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 $162,500.00 settlement for injuries sustained in a motor vehicle accident.

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 Settlement for Injury from Dog Bite

April 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 $100,000.00 settlement for injuries sustained by a minor from a dog bite.

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 Settlement for Injury Sustained when Car Drove into Plaintiff’s House

March 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 $685,000.00 settlement for injuries sustained when a car drove into the Plaintffi’s home.

Plaintiff is a 58 year old woman. In April 2014, at approximately 10:00 a.m., Plaintiff was asleep in her bed in her home. The defendant stopped a commercial vehicle at the top of his driveway which is located across the street from the Plaintiff. The Defendant then exited the vehicle while still in drive, rather than shifting the vehicle into park. The vehicle rode backward 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 cord impingement; disc buldging and herniation at C5-6 with impression upon the dural sleeve and cord impingement; and a left sided disc herniation at 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.

$350,000 Settlement for Slip and Fall

March 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 $350,000.00 settlement for injuries sustained in a slip and fall accident.

Plaintiff is a 40 year old man. In January 2015, the 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. The 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 Settlement for Rear-end Collision

March 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 $240,000.00 settlement for injuries sustained in a rear-end collision.

Plaintiff is a 35 year old woman. In May of 2014, she was stopped in traffic when she was involved in a multi-vehicle, chain 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 diskectomy 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 limit 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 Settlement for Rear-end Collision

March 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 $100,000.00 settlement for a injuries sustained in a rear-end collision.

Plaintiff is a 45 year old man. In December 2013, he was stopped and struck in the rear at an excessive rate of speed, without warning. Plaintiff ultimately underwent surgery consisting of diskectomy 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 $100,000.00 prior to trial.

$150,000 Settlement for Slip and Fall

February 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 $150,000.00 settlement for a slip and fall.

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 Settlement for Injury Sustained from Fall

January 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 $950,000.00 settlement for a trip and fall.

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.

$250,000 Settlement for Emotional Injury

January 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 emotional injury to a minor.

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 Settlement for Rear-end Collision

January 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 $130,000.00 settlement for injury from a rear-end collision.

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

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 $100,000.00 settlement for injury from a rear-end collision.

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 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 $235,000.00 settlement for injury from a rear-end collision.

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 Automobile 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 $152,000.00 settlement for injury from an automobile accident.

The 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 defendent.

The defendent 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 Automobile 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 $450,000.00 settlement for injury from an automobile accident.

The Plaintiff is forty-nine (49) years of age. On Wednesday, April 17, 2013, at approximately 12:13pm, the 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. The 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 Automobile 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 $225,000.00 settlement for injury from an automobile 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, Allstate 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 circumstance 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 for 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 on Espanong Road in Jefferson Township, waiting to make a left turn when he was struck in the rear while stopped. 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.

$125,000 Settlement for 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.

$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.

$430,000 Settlement ($215,000 apiece) for Couple Involved in Car Accident

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 $430,000 settlement, in which each participant received $215,000, for injuries sustained in car accident.  The plaintiff and his girlfriend were involved in an automobile accident on October 1, 2012.  The plaintiff was using a vehicle owned by his mother with permission; his girlfriend was a passenger in the front seat.  At the intersection of South Morris Street and Quaker Church Road in Randolph, NJ, a vehicle traveling eastbound on Quaker Church Road disregarded a stop sign and t-boned the plaintiff’s vehicle on the driver side with great force.  As a result of the accident, both the plaintiff and his girlfriend sustained a disc herniation in their lower backs for which they each underwent posterior lumbar discectomy and fusion surgery after conservative care and treatment failed to relieve their pain.  Prior to trial both the plaintiff and his girlfriend separately received $215,000.00 each to settle their case.

$200,000 Settlement for Florida Resident Injured in Accident While Visiting New Jersey

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 $200,000 settlement for injuries that occurred in a car accident.  The Plaintiff is 52-years old and resides in Florida.  In August 2012, she came to NJ to visit her family and was fully stopped at a red traffic light when her vehicle was struck in the rear.  As a result of the accident, she sustained a right-sided disc herniation at L4-5 and a lower extremity EMG examination confirmed right L4 radiculopathy.  She was taken via ambulance to Morristown Memorial Hospital. After conservative care failed to relieve her pain, she underwent a series of injections.  The injections also failed to relieve her symptoms and she presented for a posterior lumbar laminectomy where a piece of her herniated disc was removed.  Unfortunately, the laminectomy surgery was unsuccessful and a full posterior lumbar discectomy and fusion surgery was subsequently performed.  The plaintiff did have a positive history for low back complaints but never had any prior accidents.  The defense argued that her condition was degenerative in nature unrelated to the automobile accident.  With the consent of the plaintiff, and prior to trial, her case was settled for $200,000.

$185,000 Settlement for Rear-End Collision by A Commercial Vehicle

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 $185,000 settlement for injuries that occurred when the plaintiff was struck in the rear by a commercial vehicle. The plaintiff is presently 42 years of age.  In September 2012, he was stopped at a red traffic light when his vehicle was struck in the rear by a commercial vehicle.  As a result of the accident, he sustained a herniated disc at C5-6 and his upper extremity EMG exam was positive for acute C5-6 radiculopathy.  After conservative care and injection therapy failed, he underwent an anterior cervical discectomy and fusion surgery.  Despite the fact that the plaintiff had only a $15,000.00 PIP limit to pay his medical bills and no health insurance, Christopher L. Musmanno, Esq., in cooperation of his neurosurgeon, was able to arrange for the surgery to take place and for the neurosurgeon to be paid.  Prior to trial and with the consent of the plaintiff, the case settled for $185,000.

$45,000 Settlement For Pre-Teen Injured at Middle School

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 $45,000 settlement for an injury caused during gym class at a middle school.  The plaintiff was a seventh grade student in the Parsippany Middle School system.  In the weeks preceding the date of this incident, the seventh grade gym teacher took her first period gym class outside, which included the plaintiff, for the purpose of playing two-hand touch football.  During that time, the gym teacher knew, or should have known, of the wet and slippery conditions created by morning dew on the grass field as multiple students have slipped, and fallen to the ground, throughout the course of each first period gym class.  Notwithstanding, on the day of this incident, the gym teacher directed her first period gym class, along with plaintiff, back out onto the wet and slippery grass field to play two-hand touch football.  During the course of the game, plaintiff was being chased by another student while she had the ball.  She attempted to perform an evasive maneuver such as cutting and/or turning away from her pursuing classmate when she suddenly slipped and fell on the wet grass sustaining a severe and eruptible bodily injury to her left ankle.  Specifically, she had a complex displaced fracture of her left ankle which required the placement of a screw in her left ankle. A lawsuit was commenced against the school and the gym teacher under Title 59.  Christopher L. Musmanno, Esq. argued that pursuant to Title 59 the school and gym teacher failed to discover, rectify, remedy and/or otherwise make safe the dangerous condition present upon the premises at the time.  He further argued that the location of the plaintiff’s fall was palpably predictable where the gym teacher had actual and/or constructive notice, and sufficient time prior to this incident, to have taken measures to protect against the dangerous condition that proximately caused the plaintiff’s reasonably foreseeable injuries. Although the case was a first impression and unique under Title 59, Mr. Musmanno was not dissuaded in pursuing the case vigorously and it was settled early into the litigation for the amount of $45,000.00.  The settlement was approved by a Morris County Judge as fair and reasonable.

$250,000 Settlement for Driver of a Global Delivery Company Injured By Drunk Driver

July 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 $250,000 settlement for a rear end accident caused by a drunk driver. A 54 year old delivery driver, working for a global package delivery company, was attempting to organize packages for a delivery in the rear storage compartment of his fully stopped and parked truck when the vehicle was struck in the rear by an intoxicated defendant. The force of the impact threw the plaintiff’s body into the interior cabin of the delivery truck and he fell to the ground with his entire weight on his right shoulder. As a result of the accident, the plaintiff suffered major injuries to his right shoulder, his left knee and his neck.  With regard to his shoulder, the plaintiff sustained a fracture of the coracoids base, an articular supraspinatus tear, a partial distal tear of the subscapularis tendon, a partial tear of the proximal biceps tendon, a labrum tear which ultimately required right shoulder surgery consisting of arthroscopic subacromial decompression with debridement of the posterior labrum tear. In addition, he had left knee surgery consisting of arthroscopy to a microfracture of the trochlea along with chondroplasty of the medial femoral chondyle and trochlea.  He further sustained three (3) herniated discs in his neck for which he underwent an extensive course of physical therapy and injections. The defendant was found guilty of driving under the influence of alcohol as well as reckless driving. The insurance company for the defendant settled the case prior to trial for the $250,000.00 policy limit. In addition to settling this personal injury case, the law firm of Einhorn Harris is now pursuing a Workers’ Compensation claim for the plaintiff who was injured during the course of his employment to secure not only temporary disability benefits and to get his medical bills paid, but also an award of partial permanent disability in Workers’ Compensation Court.

$190,000 Settlement for Major Shoulder Injury For An Accident Caused by Sleepy Driver

July 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 $190,000 settlement for a rear end accident caused by a sleepy driver.  The plaintiff is a 60 year old man who was a passenger in a vehicle he owned but was being operated by another person at the time.  The car was stopped at a red traffic light in Jersey City, NJ when it was struck in the rear by a commercial bakery truck in which the driver fell asleep at the wheel because he was working too many hours and had not sleep for approximately 26 hours before the accident occurred. He did not tell the police officer that he was asleep at the time of the accident because he feared losing his job but this information came out during the course of depositions. The plaintiff was taken via ambulance to the hospital for numerous injuries, the most serious of which involved right shoulder surgery which included the use of two double-loaded Stryker anchors and the release of a dislocated biceps tendon as well as debridement of the glenohumeral joint, subacromial decompression, acromioplasty and distal clavicle excision. After discovery in the case was concluded, but prior to trial, the case was settled for $190,000.00.

$250,000 Settlement for Rear-End Accident

June 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 $250,000 settlement for a rear end accident.  The plaintiff was stopped and waiting in line for fuel at a service station located on the N.J. Turnpike when he was struck in the rear by another vehicle.  As a result of the accident, he sustained two disc herniations at C4-5 and C5-6 which required anterior cervical diskectomy and fusion surgery after conservative care failed to relieve to his pain.  The defense argued that the condition was degenerative and could not have been caused by such a low speed, rear-end hit collision.  Nevertheless, the defense settled the case for $250,000.00 prior to trial.  This represented the policy limit available to the defendant.

$100,000 Settlement for a Rear-End Accident

June 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 $100,000 settlement for a rear end accident.  The plaintiff was stopped and hit from behind in a forceful way.  The vehicle was a total loss and the plaintiff suffered lower back disc herniation at L5-S1, with an underlying annular tear.   She underwent a series of conservative treatments which did not alleviate her problems.  She then underwent a posterior lumbar diskectomy and fusion.   Under these facts, the plaintiff could have collected the $250,000 policy limit available in her case.  However, a few months before surgery the plaintiff posted pictures to social media page which could have been devastating to the case – pictures of the plaintiff at the gym and on vacation.   We were able to settle the case prior to trial for $100,000.

$200,000 Settlement for Slip and Fall on Icy Driveway

June 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 $200,000 settlement in slip and fall accident on an icy driveway.  On Wednesday, January 2, 2013 at approximately 7:30 a.m., the plaintiff was an upstairs month-to-month tenant located at 78 Main Street in Succasunna, N.J.  It was the habit and custom of defendant, Main Street Rental to plow and salt the common driveway on the premises in order to remove all snow and ice resulting from inclement weather. This was confirmed by the Lease Agreement by and between the parties which was in effect prior to the incident providing that the tenants were responsible for shoveling and salting on the steps, walkways and common sidewalks leaving the common driveway to the responsibility of Main Street Rental. However, for reasons unknown, defendant Main Street Rental ceased to perform its obligatory snow and ice removal of the common driveway area shortly before this incident. As the plaintiff was attempting to walk to her car located in the common driveway, she slipped and fell on ice sustaining two (2) non-displaced fractures in her left wrist and requiring left elbow ulnar release surgery leaving a 3-4 inch scar across the posterior left elbow. Prior to trial, the plaintiff consented to settle her case for $200,000.00.

$100,000 Settlement for Careless Driving Accident

June 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 $100,000 settlement in a distracted driving accident.  On February 25, 2013, another vehicle made a left turn directly in front of the plaintiff’s car, causing the vehicles to collide. The defendant was issued a careless driving ticket and the impact was quite severe causing over $7,500.00 in property damage to the defendant’s vehicle. As a result of the accident, she underwent right knee open reduction and internal fixation for an insufficiency fracture to the proximal medial tibial plateau. She ultimately required total knee replacement and also sustained a disc herniation at C6-7 with a positive upper extremity EMG at that level and a low back disc herniation at L5-S1. The maximum amount of collectible insurance in her case was $100,000.00, and since her case was valued far in excess of the collectible insurance, it was settled for the maximum amount of insurance of $100,000.00 prior to trial.

$100,000 Settlement for Distracted Driving Accident

May 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 $100,000 settlement in a distracted driving accident.  On April 22, 2013, the plaintiff was stopped and struck in the rear by the defendant’s vehicle when the defendant became distracted by another driver. As a result of the accident, the plaintiff sustained a disc herniation at C6-7 and after conservative therapy failed, as well as an epidural steroid injection, he underwent anterior cervical discectomy and fusion surgery performed by a qualified neurosurgeon. The maximum amount of insurance the plaintiff was able to collect in his case due to limited policies was $100,000.00, which he collected quickly since his case was worth much more than the collectible insurance.

$41,000 Settlement for a Workers’ Compensation Case Due to Fall at Work

May 2014, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey announces a $41,000 award for injuries sustained at work in a slip and fall.  A security guard fell down when he stepped into a hole at his place of employment.  The hole had been drilled by an environmental company.  A lawsuit was filed against the owner of the property and various environmental companies.  The plaintiff injured his knee and underwent arthroscopic surgery.  Defendants argued that plaintiff was negligent because should have seen the hole.  There was a workers’ compensation lien in the case from the insurance company for plaintiff’s security company.  Prior to a court ordered arbitration, the case settled for $41,000.

$30,000 Settlement for Workers Compensation Case

February 2014, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey announces a $30,000 award for injuries sustained at work. The worker injured his shoulder when he was involved in a motor vehicle accident that was determined to be his fault.  After the workers’ compensation doctor released him from treatment he underwent shoulder surgery in New York.  As a result of the unauthorized surgery there was a health care lien on the case.  The workers’ compensation judge approved a settlement in the amount of $30,000.

$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, the plaintiff 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 diskectomies 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 car 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 feet 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, the plaintiff aggravated a pre-existing asymptomatic condition in her neck requiring anterior cervical diskectomy and fusion at three levels. The attorney for the defense 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 a retired Superior Court Judge and was settled for $375,000.00.

$1.2 Million Dollar Verdict Announced In A Sexual Assault Case

December 2013, Denville, NJ

Michael R. Ascher, Esq., Chair of the Criminal Department and Civil Trial Attorney announces a $1.2 million dollar verdict in a sexual assault case.   The plaintiff was a teen when she was sexually victimized by an adult with supervisory control over her.  The defendant had engaged in a course of sexual misconduct with the minor and was criminally charged with sexual offenses and convicted.  A subsequent civil case was brought, resulting in a judgment in favor of the plaintiff for $600,000 in compensatory damages, and $600,000 in punitive damages (for a total of $1.2 million).

$45,000 Settlement for Workers’ Compensation Injuries

December 2013, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $45,000 award for injuries sustained at work.  The plaintiff injured his neck, hand and shoulder when he slipped on ice at work.  Following shoulder surgery, he received a workers’ compensation award in 2006.  However, the case was reopened due to worsening shoulder problems.  He underwent a second shoulder surgery although the workers’ compensation insurance company originally refused to send him to a shoulder specialist to determine the need for additional shoulder treatment.  After an application for treatment was filed in court, the insurance company sent him to an orthopedic specialist who performed shoulder surgery. The employee was awarded $45,000 for his re-opener claim petition.

$45,000 Settlement for Injuries Sustained in Motor Vehicle Accident

November 2013, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $45,000 settlement for a motor vehicle accident.  The plaintiff was injured when another car went through a stop sign and struck his car.  The plaintiff injured his neck, shoulder, and knees.  He was diagnosed with a disc herniation in his neck and had to undergo knee and shoulder surgery.  Prior to a court arbitration hearing, the claim against the other driver settled for $45,000.  Based upon the policy limits of the other driver, the plaintiff is now pursuing additional funds against his own automobile insurance company since the other driver was under-insured.

$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 which 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.

$35,000 Awarded for Workers’ Compensation Accident

September 2013, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $35,000 award for a Workers’ Compensation Case.   The worker injured his lower back lifting a heavy machine at work.  The workers’ compensation insurance company originally refused to send him to a back specialist.  After motion papers were filed, the insurance company sent him to an orthopedic specialist who performed a diskectomy procedure on the worker’s lower back.  The employee, who worked part-time, was awarded $35,000.

$17,500 Settlement for Workers’ Compensation Claim for Contracting Lyme Disease

September 2013, Denville, NJ

Thomas F. Dorn Jr. Esq., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $17,500 award for a workers’ compensation occupational case.  The employee filed an occupational claim alleging that she contracted Lyme disease while inspecting grassy fields as part of her job.  The doctor for the employer concluded that the Lyme disease could have been contracted from locations outside of her employment.  Following several conference with a workers’ compensation judge, the case settled for a lump sum of $17,500.

$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 the 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 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.

$68,000 Award for Worker’s Accident

September 2013, Denville, NJ

Thomas F. Dorn, Jr. Esq., certified workers’ compensation and certified civil trial attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $68,000 award for a workers’ compensation case. The worker injured his low back pulling a piece of equipment.  The workers’ compensation insurance company denied his claim because there were no witnesses to his accident and he had a history of low back pain.  An application for treatment was made in court and the judge ruled in the worker’s favor after an independent doctor related the worker’s back injury to his work accident.  The employee underwent low back surgery (a diskectomy) and was ultimately awarded $68,000.  The judge also gave a separate attorneys’ fee award because an application for treatment had to be filed.

$10,000 Settlement for Injuries Due to Being in a Chain Reaction Accident

September 2013, Denville, NJ

Thomas F. Dorn, Jr. Esq., certified workers’ compensation and certified civil trial attorney with the law firm of Einhorn Harris Ascher Barbarito & Frost, P.C. announces a $10,000 award for a NJ driver in a chain reaction accident.  The NJ driver’s car was struck on an interstate in Pennsylvania when a tractor trailer crossed over a grassy area and into the opposite direction of traffic, causing one car to spin out of control and strike two other cars, including the plaintiff’s car.  The plaintiff received emergency room treatment in New Jersey and went to his family doctor on several occasions.  Following a diagnosis of soft tissue injuries, the case settled directly with the insurance company for the tractor trailer driver for $10,000.

$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.

$130,000 Settlement for Workers’ Compensation Case

July 2013, Denville, NJ

Thomas F. Dorn, Jr., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $130,000 Settlement for a Workers’ Compensation/Personal Injury Hybrid case.  The Plaintiff worked for the State of New Jersey when she was struck by a drunk driver at a red light. The plaintiff’s medical bills were paid through workers’ compensation insurance.  However, the injuries to her back were extensive; injuring her entire spine with findings of disc herniations in her neck, mid and lower back areas.  One of the plaintiff’s treating doctors advised her that she may need low back surgery in the future.  The defendant unsuccessfully claimed that plaintiff’s three prior accidents were the cause of the plaintiff’s spine problems.  The case settled at conference with a retired judge for $130,000.00.

$14,500 Settlement for Slip and Fall on Ice

June 2013, Denville, NJ

Thomas F. Dorn, Jr., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $14,500 settlement for a slip and fall. The plaintiff slipped on ice in an apartment complex parking lot.  The plaintiff suffered an aggravation of a herniated disc that plaintiff had sustained in a prior accident.  The attorney for the apartment complex argued that the area had been salted, that the plaintiff failed to make observations of the ice and that the plaintiff’s injuries were all pre-existing.  The case settled following an arbitration.

$90,000 Settlement for Workers’ Compensation Case

May 2013, Denville, NJ

Thomas F. Dorn, Jr.,  Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $90,000 settlement for a workers’ compensation case in which a worker who fell injured his left shoulder and neck.  As a result of the fall, the injured worker had to undergo two open reduction internal fixation surgeries on his shoulder.  The treating doctor has advised the petitioner that he may require additional shoulder surgery in the future.  The workers’ compensation insurance company argued that the injured worker’s shoulder injury had healed successfully from the surgeries and that there was minimal disability.  The judge in the case approved of a settlement and left the case open for an additional two years for any necessary future medical treatment.

$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 arthroscopic 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 arthroscopic 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 year 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 $55,000.

$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, approximately 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.

$140,000 Settlement for Workers’ Compensation Case

April 2013, Denville, NJ

Thomas F. Dorn, Jr.,   Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $140,000 settlement for a workers’ compensation case.  Mr. Dorn took over the representation of the petitioner from another attorney.  Petitioner had tripped on a crack in the sidewalk outside of her place of employment.  She underwent several surgeries to her leg and lower back.  The firm of Einhorn Harris also referred petitioner to a legal malpractice attorney because her original attorney did not pursue a negligence case against the company that maintained the sidewalk.

$137,000 Settlement for Slip and Fall in a Mall

April 2013, Denville, NJ

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

$125,000 Settlement for Workers’ Compensation Case

April 2013, Denville, NJ

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

$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 big 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 an 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 disabled 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 injuries sustained by the plaintiff were preexisting and 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 an 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 an 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 an 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.

$88,000 Settlement for Worker’s Slip and Fall

October 2012, Denville, NJ

Thomas F. Dorn, Jr., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $88,000 settlement in Middlesex County Superior court for a plaintiff who slipped and fell at work due to a waxy floor.   The plaintiff also received a workers’ compensation settlement due to the fact that she was working when the accident happened.  Plaintiff underwent arthroscopic surgery.

$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 an 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 an 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 an 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 an automobile accident.  The plaintiff’s sustained an inoperable 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 an 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 an 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 its $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 an 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 an 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 an 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., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, 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.

$250,000 Settlement for Workers’ Compensation Case

July 2012, Denville, NJ

Thomas F. Dorn, Jr., Certified Workers’ Compensation and Certified Civil Trial Attorney by the Supreme Court of New Jersey, announces a $250,000 settlement in Mt. Arlington’s workers’ compensation court for an occupational claim by a pipe fitter contending that the strenuous nature of her work caused her to develop back and neck problems resulting in surgeries to both areas.  The insurance company argued that her neck and back problems were not work related.   The case settled prior to trial.  A significant ERISA health care lien was compromised in order to settle the case.

$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 and 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 its employee were sued under Title 59 and the case was settled prior to trial for $165,000.

100% Total Disability Award for Occupationally Caused Lung Cancer

May 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 100% total disability award in Mt. Arlington worker’s compensation court for an occupational claim in which the injured worker claimed that years of exposure to chromium and nickel fumes as a welder caused him to develop lung cancer.  The insurance company argued that the worker’s prior cigarette smoking was the cause of his cancer.   After a trial, the judge ruled in favor of the injured worker, awarding him total disability and entitling him to weekly disability benefits and medical treatment for his lung cancer for the rest of his life.

$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 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 $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 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 $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 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 lot 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 $550,00 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.

$260,000 Settlement for Slip and Fall on Ice

October 2011, Denville, NJ

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

$175,000 Settlement for Backyard Accident

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.

$94,000 Settlement for Motor Vehicle Accident

March 2011, Denville, NJ

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

$325,000 Settlement for Slip and Fall on Ice

May 2011, Denville, NJ

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

$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 $2,150,000 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 inches 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 $2,500, 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.”