The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a motorcycle accident case on January 26, 2022 for $1.250,000.00. Plaintiff suffered a left mid tibia displaced fracture of his left leg that was repaired with an open reduction internal fixation surgery. He also had four (4) toes on his left foot repaired with pins. Repair of his left ankle open wound was partially effectuated after four (4) plastic surgeries. The ankle wound remains unhealed to this date since plaintiff is a diabetic. He also suffered a mildly displaced left clavicle fracture. The 60-year old plaintiff handyman is now unable to work.
The liability portion of the case was originally in dispute, but a thorough review of the police report and traffic light sequencing revealed that while the defendant/operator did see two (2) green lights thinking he had the right-of-way, there was a controlling green left-turn arrow that had not activated hence giving the motorcycle operator the right-of-way. So, when the defendant proceeded to make the left-hand turn through the intersection the motorcycle was unable to stop and crashed into defendant’s car with the plaintiff being thrown ten (10) feet into the air and on to the roadway. Thankfully, plaintiff only suffered lower extremity injuries because he was wearing a helmet.
Defendant was insured with both a primary policy of $300,000.00 and an excess policy in the amount of $1,000,000.00. The plaintiff’s settlement reflected his recovery for pain and suffering, loss wages of approximately $82,800.00 and medical expenses. Medical expenses were incurred in the amount of $3,840,451.35. However, plaintiff’s personal automobile insurer paid $250,000.00 in PIP benefits towards the medical expenses and after fee scheduling the remaining and outstanding medical expenses were reduced to $362,000.00.