In Scott v. Georgia King Village, a Newark woman is to receive $1.48 million as compensation, including $1.3 million awarded by an Essex County jury, for injuries she sustained when she slipped and fell on ice and snow in her apartment complex’s parking lot.
Plaintiff Jessica Scott, now 38, was injured on March 2, 2015, at the Georgia King Village apartments in Newark, according to her attorney, Stephen Brown. At the time of the incident, she was attempting to help her child into her car when she slipped and fell on the ice and snow, said Brown, who heads a firm in West Orange.
Scott sustained a broken left ankle that required surgery, including the insertion of rods and screws, Brown said, She also underwent extensive physical therapy but still experiences pain, stiffness, and loss of range of motion, and is developing arthritis, Brown said.
Scott sued the apartment complex and the snow removal contractor, Abraham General Construction of West Orange, Brown said.
Farmers Insurance Co., the carrier for Abraham, settled with Scott for $180,000 on June 26.
On July 19, an Essex County jury awarded Scott $1.3 million in damages, finding Georgia King Village 100 percent liable: $500,000 for future pain and suffering, $500,000 for future disability and impairment, $150,000 for past pain and suffering, and $150,000 for past disability and impairment. Superior Court Judge Annette Scoca presided over the trial. The identity of the apartment complex’s carrier was not available.
The complex was represented by Andrew Pisanelli of Maiber Makris Plousadis & Seiden in White Plains, New York. He did not return a call about the case.
James Wysocki, formerly with Callegher, Mensching & Carro in Edison, represented Abraham. He has since left the firm, and attempts to reach him were unsuccessful.
— By Michael Booth
$817,500 in Morris Auto Case
Bauer v. Davenport: A woman who sustained spinal injuries in an auto accident leading to surgery settled her Morris County suit on June 29, 2018, for $817,500.
According to the attorneys involved in the case, on Aug. 10, 2016, Barbara Bauer, in her mid-70s, was driving south on Route 23 in Franklin. When she was near Rapole Street, her minivan was struck head-on by a sedan driven by Daniel Davenport, who had exited an AutoZone store’s parking lot on Bauer’s right and then turned left in order to access the northbound lane. Davenport, after turning left, lost control of his car, crossed the double-yellow lines and entered Bauer’s lane, striking her minivan. She claimed multiple injuries. Bauer sued Davenport and his employer, AutoZone Northeast LLC, alleging that he was negligent.
Bauer was extricated from the minivan by hydraulic rescue tools and taken by ambulance to an emergency room. Diagnostic tests resulted in a diagnosis of a nasal fracture, a closed-head injury, cervical strain and a neck contusion. Bauer claimed that, during the ensuing months, she experienced intense pain but was unable to treat, since her attention was on her husband’s cancer treatment. A later examination revealed a partial rotator cuff tears in both shoulders. In February 2017, Bauer was diagnosed with herniation at L5-S1 and cervical disc herniations at C2-3, C5-6 and C6-7, and with spinal canal stenosis. There was also a partial tear to her hip tendon and aggravation of arthritis in her left hip. Bauer ultimately underwent a multiple-level anterior cervical discectomy and fusion with hardware at C4-5, C5-6 and C6-7. She later had a total left hip replacement. Bauer’s experts lined the neck and shoulder injuries to the accident, and said they were permanent, and said her left-hip arthritis was exacerbated by the accident, and is permanent in nature.
The suit sought to recover damages for past and future pain and suffering. Her husband sought damages for his claim for loss of consortium. Davenport and AutoZone did not stipulate or contest liability. The case settled before AutoZone’s counsel offered a defense as to Bauer’s alleged injuries and treatment.
The parties negotiated a pretrial settlement. AutoZone Northeast’s insurer agreed to pay $817,500, from a $1 million policy.
The plaintiffs were represented by Christopher L. Musmanno of Einhorn, Harris, Ascher, Barbarito & Frost. The defendants were represented by Charles T. McCook Jr. of Methfessel & Werbel in Edison and insured by Gallagher Bassett Services Inc.
** Editor’s Comment: This report is based on information that was provided by plaintiffs’ and defense counsel.
— From VerdictSearch reports