An elevator technician who suffered knee, shoulder and back injuries in a job site fall agreed to a $2.03 million settlement in his Middlesex County suit, Riccio v. Telx, on Sept. 28.
Brett Riccio, who worked for Thyssen Krupp Elevator Corp., sustained injuries on Dec. 10, 2014, while working on an elevator modernization project at a commercial building in Clifton that was owned by defendant Telx, according to his lawyer, Richard Winograd of Ginarte Gallardo Gonzalez Winograd in Newark.
While exiting the elevator machine room, on the building’s roof, Riccio stepped on a metal grating, which slipped out of place and into a vertical position. Riccio, reaching out to stabilize himself, hyperextended both shoulders and twisted his right knee, and he landed face-up on the grating in an awkward position, he claimed.
Riccio continued to work, albeit with difficulty, over the next week, but ultimately was required to undergo surgery for a tear of the medial meniscus of the right knee and also had surgeries for torn labrums in both shoulders, as well as a torn rotator cuff in the left shoulder, the suit claimed. He also alleged that he sustained an aggravation of preexisting herniations in the neck and lower back.
Riccio contended he could no longer work in his former position, which required him to perform heavy lifting, and was relegated to the performance of sedentary work.
Winograd said that an investigation revealed that the grating section where Riccio slipped was missing an anchorage clip or a weld to hold it into place. Riccio sued Telx, which brought a third-party complaint against Thyssen Krupp.
The case was settled after it was assigned to trial before Superior Court Judge Andrea Carter. Telx contributed $2 million; Thyssen Krupp contributed $25,000 to the settlement, and also waived its workers compensation lien of $170,000, according to Winograd.
Telx was represented by William Paulus of the Law Offices of Steven J. Tegrar in Princeton. Thyssen Krupp’s lawyer was John McNamara of Geringer, McNamara & Horowitz in Holmdel.
Paulus and McNamara did not return calls about the case.
— Charles Toutant
$1.25M for Pedestrian Hit by Truck
Mohamed v. J Brothers Trucking: A Jersey City woman will receive $1.25 million as compensation for injuries she sustained when she was struck and run over by a commercial truck.
Plaintiff Zoreena Mohamed, now 53, and Navigators Insurance Co., the carrier for defendants J Brothers Trucking of Hamburg and its employee, Liester Romav, reached the settlement in the Hudson County suit on Oct. 19, said Mohamed’s attorney, Englewood solo Robert Linder.
The settlement was reached after a series of hearings before Hudson County Superior Court Judge Francis Schultz, said Linder.
Mohamed was injured on Jan. 10, 2018, while walking across County Avenue at the intersection with Secaucus Road in Secaucus, Linder said. She was struck by the J Brothers truck, which was making a right turn at a red light, and run over.
Mohamed sustained multiple injuries and fractures to her left leg and ankle, requiring her to undergo eight surgeries, Linder said, adding that she still has difficulty walking and undergoes physical therapy.
Navigators retained Roberto Uribe of the Hackensack office of Gallo Vitucci Klar. He did not return a call seeking comment.
Navigators settled for J Brothers’ $1 million policy limits, plus an additional $250,000 in commercial personal-injury-benefits coverage, Linder said.
No trial date had been set.
— Michael Booth