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Awards, Settlements & Verdicts

$1,250,000 Award for a Motorcycle Accident

April 1, 2017

April 1, 2017

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.

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