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Settlements & Verdicts

$250,000 Settlement for Driver of a Global Delivery Company Injured By Drunk Driver

July 1, 2014

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 $250,000 settlement for a rear end accident caused by a drunk driver. A 54 year old delivery driver, working for a global package delivery company, was attempting to organize packages for a delivery in the rear storage compartment of his fully stopped and parked truck when the vehicle was struck in the rear by an intoxicated defendant. The force of the impact threw the plaintiff’s body into the interior cabin of the delivery truck and he fell to the ground with his entire weight on his right shoulder. As a result of the accident, the plaintiff suffered major injuries to his right shoulder, his left knee and his neck. With regard to his shoulder, the plaintiff sustained a fracture of the coracoids base, an articular supraspinatus tear, a partial distal tear of the subscapularis tendon, a partial tear of the proximal biceps tendon, a labrum tear which ultimately required right shoulder surgery consisting of arthroscopic subacromial decompression with debridement of the posterior labrum tear. In addition, he had left knee surgery consisting of arthroscopy to a microfracture of the trochlea along with chondroplasty of the medial femoral chondyle and trochlea. He further sustained three (3) herniated discs in his neck for which he underwent an extensive course of physical therapy and injections. The defendant was found guilty of driving under the influence of alcohol as well as reckless driving. The insurance company for the defendant settled the case prior to trial for the $250,000.00 policy limit. In addition to settling this personal injury case, the law firm of Einhorn Barbarito is now pursuing a Workers’ Compensation claim for the plaintiff who was injured during the course of his employment to secure not only temporary disability benefits and to get his medical bills paid, but also an award of partial permanent disability in Workers’ Compensation Court.

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