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Settlements & Verdicts

$450,000 Settlement for Automobile Accident

November 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 $450,000.00 settlement for injury from an automobile accident.

The Plaintiff is forty-nine (49) years of age. On Wednesday, April 17, 2013, at approximately 12:13pm, the plaintiff was traveling in the middle southbound lane on Route 23 at or near its intersection with Black Oak Ridge Road in Wayne, New Jersey. At the same time, a commercial vehicle owned by the defendant, was traveling in the adjacent right southbound lane on Route 23 at the aforementioned location. The defendant negligently failed to maintain his lane of travel and suddenly changed lanes into the middle lane, striking the plaintiff’s vehicle. The trailer affixed to the vehicle of the defendant ran over the plaintiff’s hood and subsequently dragged the vehicle for a significant distance in a southerly direction down Route 23.
After conservative care failed to relieve the plaintiff’s pain, he underwent anterior cervical discectomy and interbody fusion at C5-6, partial corpectomy at the C6 level, placement of a prosthetic cage, use of anterior cervical instrumentation with local autograft and demineralized allograft; Arthroscopic surgery of the right shoulder for a full thickness tear of the rotator cuff involving the supraspinatus tendon with major debridement and synovectomy with a subacromial decompression/acromioplasty involving the right shoulder joint and repair of the rotator cuff tear; and arthroscopy of the left shoulder for a full thickness tear of the rotator cuff involving the supraspinatus tendon of the left shoulder with major debridement and synovectomy with a subacromial decompression/acromioplasty involving the left shoulder joint and repair of the rotator cuff tear.
In addition to the above three surgeries, plaintiff also aggravated and/or exacerbated an otherwise asymptomatic pre-existing lower back fusion surgery at L4-5 and L5-S1.
The case settled prior to trial at mediation for $450,000.

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