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Settlements & Verdicts

$245,000 Settlement in Rear End Collision

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Denville, NJ

Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Barbarito, Frost & Botwinick, PC, 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

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