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Settlements & Verdicts

$140,000 Settlement in Motor Vehicle Accident

July 1, 2015

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 $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 Barbarito 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.

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