Suit Over Two Crashes, Including UM and UIM Claims, Settles for $2.3M
Litigation stemming from a pair of auto accidents that allegedly left a man disabled was settled for $2.3 million in Hudson County.
According to the suit, Dell'accio v. Breary, Antonio Dell'accio was involved in the first accident in December 2013, when he was driving east on New Jersey Route 495 in Weehawken.
The suit claimed two vehicles behind Dell'accio's were racing—one of which, driven by Dwayne Delmore Breary and owned by his employer, Calvary Inc., was unable to stop and struck him from behind.
The second accident occurred in June 2014. Dell'accio was in Woodland Park, turning left from Lackawana Avenue onto Browertown Road, when Ana Jimenez Gordano allegedly ran a red light and struck Dell'accio, according to his attorney, Damon Vespi of The Vespi Law Firm in Totowa.
In the first accident, Dell'accio sustained a torn tendon in his left shoulder, and injuries to his cervical and lumbar spine; he underwent a two-level fusion procedure at the cervical level, a one-level fusion at the lumbar level, two-level discectomy and laminectomy at the lumbar level, and left shoulder surgery, Vespi said.
The suit claimed the June 2014 accident caused minor aggravation to the existing neck and back injuries.
Dell'accio, currently 58, was rendered unable to work and was deemed totally disabled by the Social Security Administration this year; uses a walker and cane to walk; requires assistance from his wife bathing and dressing; takes medication to treat ongoing pain; and had renovations to his home to help his mobility, according to Vespi.
Breary claimed he was cut off by a phantom vehicle, based on which Dell'accio's auto carrier, Liberty Mutual, agreed to pay $5,000 on an uninsured motorist claim. Liberty Mutual agreed to pay an additional $100,000 on Dell'accio's under-insured motorist claim in connection with the June 2014 accident because Jiminez Giordano lacked liability coverage, Vespi said.
Calvary Inc. agreed to pay $2.195 million, he said.
The $100,000 agreement was reached in September. The latter part of the settlement was reached on Oct. 28, after two mediation sessions with retired Superior Court Judge Eugene Codey of Connell Foley in Roseland, and the settlement was paid last month, according to Vespi.
Thomas Foti of Lamb Kretzer in Secaucus, who represented Liberty Mutual in connection with the phantom vehicle claim in the December 2013 accident, declined to comment.
Breary and Calvary Inc. were represented by Thomas Decker of Decker & Magaw in Westfield, who did not return a call seeking comment.
Neither did G. Samuel Hoffman of Styliades & Jackson in Mount Laurel, who represented Liberty Mutual in the under-insured motorist claim stemming from the June 2014 accident.
$700K for Ocean County Auto Case
Paris v. Freehold Cartage: A Brick Township man has received $700,000 as compensation for injuries he received when his car was struck by a garbage truck.
Plaintiff Mitchell Paris, now 71, received his settlement funds on Sept. 23, after reaching an agreement with American International Group, the carrier for defendants Freehold Cartage and Alan Malsbury, an employee who was driving the truck, said Paris' attorney, Joseph LePore.
Paris was injured on Feb. 3, 2015, in Lakewood, as he was entering Oberlin Avenue from a parking lot. The Freehold Cartage truck struck the driver's side of Paris' car, said LePore, of LePore & Luizzi in Brick.
As a result of the accident, Paris sustained injuries to his neck and back, and underwent lumbar fusion and decompression surgery. He later underwent cervical fusion surgery, LePore said.
The lawsuit, filed in Ocean County, had not been assigned a trial date.
The settlement was reached on Sept. 15.
AIG retained Robert Borrelle Sr. of the Mount Laurel office of Schwab, Haddix & Millman. He confirmed the amount of the settlement.
$590K for Child Injured in Play Area
Edwards v. QQR: The parents of a 5-year-old boy who suffered permanent injuries in a Burger King indoor playground agreed to a $590,000 settlement in their Union County suit on Oct. 14.
The suit claimed Zackary Edwards was injured while visiting the Burger King in Eatontown with his father and two siblings on April 16, 2014. Following posted rules, the children removed their shoes and played in their socks. Zackary fell and broke his femur when one of his feet slipped on a ceramic tile floor while the other foot was planted on a rubber safety mat.
According to the suit, the architect who designed the indoor playground called for nonslip safety flooring throughout, but during construction a substitution was made for ceramic tile that was partially covered by the rubber mat. The combination created a serious slip danger and uneven transition, the plaintiff asserted.
Zackary was confined to a partial body cast for three months, required the use of a walker, and was forced to repeat kindergarten because he could not attend school, said plaintiff lawyer Christian McOmber. His left leg is 2 centimeters shorter than the right, which may require surgery in the future. He suffers limited mobility, chronic pain and fatigue associated with his injury and has difficulty walking or running for long periods, McOmber said. In addition, he was eager to participate in sports but was not medically cleared to do so until January 2016, which was one year and eight months after the fall, he said.
Evanston Insurance Co., the insurance carrier for defendant QQR of New Jersey, owner and operator of the Eatontown restaurant, will pay the $590,000 settlement, said McOmber, who is with McOmber & McOmber in Red Bank. McOmber was assisted by Elizabeth Matecki, Matthew Luber and R. Armen McOmber.
James Graziano of Graziano, Piasecki & Whitelaw in Green Brook, who represented QQR, did not return a call about the case.http://www.njlawjournal.com/id=1202775446298/Suits--Deals-Suit-Over-Two-Crashes-Including-UM-and-UIM-Claims-Settles-for-23M?mcode=0&curindex=0&curpage=ALL