Author: shoresite

The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a motor vehicle accident case for the sum of $1.6 million.  The plaintiff, now 65 years of age, was operating a motor vehicle, in her lane of travel, when the defendant, employee and son of a luxury car dealer took a high powered Dodge Viper on the roadway for a test ride. Defendant driver traveled recklessly and at an excessive rate of speed causing his “Viper” to spin out and enter the plaintiff’s lane of travel.  Both plaintiff’s Hyundai and defendant’s Viper were totally destroyed. Both drivers were transported to the emergency room with loss of consciousness.  Plaintiff remained in the hospital for three (3) days and experienced loss of consciousness for that period of time.

The accident was caught on a local business video camera so at mediation liability was not contested.

Plaintiff suffered neck, back, left hand and elbow and head injuries that were treated at the emergency room.  Plaintiff had a pre-existing anterior cervical discectomy and fusion in 2020 involving C4 through C7.  Post-accident MRI on 4/17/19 revealed a new HD at C3-4, and an EMG on 8/3/20 affirmed a left C5-6 radiculopathy.

Plaintiff’s orthopedic surgeon opined that a future C3-4 discectomy and fusion would be needed above the pre-existing fusion.

On 7/14/21 plaintiff received an anterior and posterior lumbar discectomy and fusion with cages and screws at L2-3,3-4.  Plaintiff had lumbar epidurals, facet injections and wore a brace for 10 months.  Plaintiff also suffered a transverse process fracture at L1-2.

Plaintiff had pre-existing migraine headaches from 50 years ago.  She has been diagnosed with concussion and post- concussion syndrome with reduced concentration and memory anxiety, depression and adjustment disorder.  While the defendant claimed plaintiff’s head injuries were pre-existing, the defense IME neurologist admitted plaintiff suffered a concussion and post traumatic anxiety and needs future counseling.

The plaintiff presented no wage loss claim and assumed a medical lien in the approximate amount of $70,000.00.  The plaintiff husband’s per quod claim was included in the settlement.

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.

The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a sideswipe motor vehicle accident claim for a 64-year old plaintiff for the sum of $300,000.00.  The collision involved a dump truck and plaintiff’s BMW Sedan.   The liability and damages aspects of this case were highly contested. 

The accident occurred when the vehicles were attempting to merge and exit from a main highway.   Plaintiff contended she was rear-ended by the dump truck and defendant driver asserted that the plaintiff changed lanes, passed him on the right and that the rear driver’s side behind the wheel well was side-swiped by the front passenger side of the truck.   The investigating trooper did not see the motor vehicle accident, heard the parties’ respective descriptions of how the accident happened, and did not issue any tickets. 

Plaintiff insisted and answered in her interrogatories that she suffered a rear-end hit.  The photos of the vehicles revealed that the Point of Impact was on the rear-side of plaintiff’s car and the front bumper of defendant’s truck.  The accident could not be considered a “Big Hit”. All in all, comparative negligence was a big issue and at mediations the parties were conceding that this could be a 50/50 comparative negligence case.

As to the damage issue, this case involved the usual battle of the orthopedic experts.  Plaintiff claims that her lumbar surgery involving a foraminotomy, laminectomy and discectomy, without hardware was caused by the motor vehicle accident.  In addition, she claims to have suffered cervical herniated discs that will require future fusion surgery.  Plaintiff’s surgeon also suggested she may need a second lumbar revision surgery at another segment.  The defense IME ortho insisted degeneration existed and that the lumbar surgery was performed on the wrong side and unnecessary.   He further opined that any future cervical or lumbar surgery was not needed.  Plaintiff had no pre-existing injuries accept a T-12 thoracic fracture as a result of a 25-year old motor vehicle accident.  Plaintiff had no viable wage loss or per quod claims.

Since this motor vehicle accident involved a truck, this mediation also involved resolution of PIP and property damage subrogation actions. 

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.

The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a trip/fall case today for the sum of $400,000.00. The plaintiff, an apartment complex tenant while parking her car in the lot servicing the demised premises, stepped off a curb adjoining the lot pavement into a “mini” pothole approximately 6” long and 3/4’” deep causing her to sustain a trimalleolar fracture of her left tibia, fibula and medial malleous.  Plaintiff was 54 years old at the time of the fall on October 5, 2018.

She underwent a “closed reduction” first surgery at the ER.  However, seven (7) days later she had a second open reduction internal fixation surgery.  The medial malleolar fragment was reduced and fastened with a 4.5 lag screw and washer and the left distal fibula was stabilized with a plate and eight (8) screws.  Plaintiff was placed in a short leg cast.  Nine months later the plaintiff was still wearing an ankle brace and contemplating the removal of her ankle hardware in September 2019.

Plaintiff was a student of dance and was taking one lesson per week at the time of the accident.  She had medical expenses of approximately $58,000.00.  Thankfully, there was only a lien of  $3,700.00 in letters of protection.  Plaintiff was unmarried with no per quod claim. She also suffered a minor loss wage claim.  She had no pre-existing injuries to her left ankle. She had significant scarring on both the inside and outside of her left ankle.  Plaintiff’s life expectancy is 29 years and a work-life expectancy of 8 years.  The apartment complex and management company are paying the settlement.

Now that the courts are open, Judge O’Brien is most interested in helping litigants resolve their cases pre-trial. 

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.