Verdicts And Settlements*Results vary depending on the facts of each case $2.7 Million Settlement in Oil Truck Accident CaseJuly 21, 2010, Denville, NJ Christopher L. Musmanno, personal injury attorney at the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, Denville, NJ, announces a $2.7 Million settlement in the case of Sandro Mazzola and Caroline Mazzola, his wife, vs. defendant oil company, et. al. On Thursday, June 5th, 2008, the plaintiff, Sandro Mazzola, a general foreman for a plumbing subcontractor of the third party defendant general contractor, was struck and run over by the defendant oil company’s truck when the driver backed up his fuel truck with no assistance of a flag man, traveling the wrong way down a one-way street, Madison Avenue in Hoboken. Mr. Mazzola could not get out of the path of the fuel truck in time to avoid the accident. $2.625 Million Settlement for Union Carpenter 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:
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 Personal Injury SETTLEMENT, Dragonetti v Matusewicz, 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. Recent Success: Settlement-Tractor Trailer Accident, Personal Injury The firm of Einhorn Harris has built a reputation for relentless client advocacy. Attorney Christopher L. Musmanno, counsel at the firm, has extensive experience in personal injury trials, and has developed a strong track record in representing clients in personal injury, products liability, workers’ compensation and medical malpractice matters. Representing the plaintiffs in a recent personal injury case, he demonstrated his skill in achieving the maximum settlement prior to trial by bringing forth all the relevant facts of the case and in presenting the extent of the plaintiff’s injuries and the impact they will have on him currently and in the future. $2,115,000 Gross Verdict Reduced by 10% Comparative Negligence For several years following the surgeries, the plaintiff slept in a hospital bed that was kept on the ground floor of her home. She can now sleep in her own room, but she must nonetheless use a hospital bed and she can no longer sleep in the same bed as her husband. The defendant, owner of the tavern, did not dispute the plaintiff’s description of the condition of the lot, but he disputed if the accident occurred on his premises and denied that the condition of the lot caused the plaintiff’s extensive injuries. The defendant pointed out that the plaintiff told her doctor several days later that she was injured while using a wheelbarrow. To explain this, the plaintiff testified that she resided in a small town in Pa, and that her family physician also saw her children, and she was concerned that people in this small town would get the wrong impression of her if it became known that she was injured in a bar parking lot. She did not think this was relevant to the mechanics of the injury, so she saw no need to divulge it to the doctor. The plaintiff’s counsel presented evidence of the plaintiff’s good character, which also supported her contentions about her reputation. As further evidence that the fall had taken place in the parking lot, the plaintiff explained that she was in the tavern for a few hours after falling and that she had advised the bartender of the fall, and was given ice. She also argued that the jury should consider that the defendant did not produce any testimony from employees or other patrons, to rebut the plaintiff’s contentions. The tavern owner himself testified that he previously shoveled dirt into the hole on three occasions, only to see the dirt wash away and that he did not have the holes paved, notwithstanding that it would cost only approximately $500. Prior to the trial, in an effort to settle the case, the defendant offered $2500, which was rejected. The jury found the defendant 90% negligent, the plaintiff 10% comparatively negligent and rendered a gross award of $2,150,000. Curley v. Lakeview Pub & Liquors. Docket no. Judge Ralph DeLuccia, 1-09. Attorney for plaintiff: Christopher Musmanno of Einhorn Harris Ascher Barbarito & Frost, Denville $800,000 Settlement, Tardibuono vs. Castillo et al-Essex County-Motor Vehicle Accident The plaintiff sustained a burst fracture and concussion with additional fractures with fragments lodged in the spinal canal. In July, 2007 he underwent extensive surgery and endured a lengthy rehabilitation process. He will require subsequent surgeries to cement together his vertebrae. Due to his injuries, the plaintiff will never be able to work as a truck driver again. The pain from the trauma and subsequent treatment is continuing. He cannot move without pain and he is in pain whether he sits, stands or sleeps. He also suffers emotional trauma due to the worry of being unable to perform his job and the inability to return to the life he once knew. His wife has also suffered a loss of the intimate relationship she once had with her spouse due to his physical injuries. As a result, she has asserted and was compensated for a "loss of consortium." Mr. Musmanno and his colleagues in the Einhorn Harris Personal Injury Department address the unique issues of each case and determine a detailed and aggressive strategy to maximize the results for their clients, whether through settlement or through a formal trial. In this case, Mr. Musmanno demonstrated the substantial negligence of the defendant driver and convinced defendant’s attorneys to enter in this substantial settlement, committing almost all the available insurance coverage to resolve the case. $1.8 million recovery for wrongful death $1.21 million recovery for wrongful death $850,000 recovery $400,000 recovery
Einhorn, Harris, Ascher, Barbarito & Frost, P.C., in Denville, New Jersey, represents clients facing criminal defense, family law, personal injury and other legal issues throughout North Jersey, including communities such as Morristown, Parsippany, Newark, West Orange and Livingston. Our office is conveniently located near I-80 and I-287. Bergen County • Essex County • Hunterdon County • Middlesex County • Morris County • Passaic County • Somerset County • Sussex County • Union County • Warren County |
