Middlesex Jury Delivers $2.5 Million Verdict in Case of Multi-Vehicle Accident
In Tomaselli v. Siegal, a Middlesex County jury awarded a South Brunswick woman and her husband $2.5 million as compensation for injuries she sustained…
December 26, 2018 at 09:00 AM
4 minute read
In Tomaselli v. Siegal, a Middlesex County jury awarded a South Brunswick woman and her husband $2.5 million as compensation for injuries she sustained when she was involved in a three-car accident.
The jury on Dec. 17 awarded $2.3 million to plaintiff Jennifer Tomaselli, now 46, and $200,000 to her husband, Girolamo, on a per quod claim, said the family's attorney, Mark Kuminski.
The trial was for damages only as liability was not contested, said Kuminski, of the Jamesburg office of Levinson Axelrod.
Tomaselli was injured on Nov. 21, 2014. She was stopped at a red light while driving on New Brunswick Road near Cedar Grove Lane in Somerset Township.
A car driven by defendant Bernard Siegal of Somerset failed to stop and rear-ended another car, driven by Nevine Ragheb, also of Somerset, Kuminski said. Tomaselli was then struck from behind by Ragheb's car, Kuminski said.
Tomaselli sustained injuries to her neck, back and shoulder, as well as a concussion, Kuminski said. While the concussion was resolved, she was required to undergo multiple pain management procedures for her orthopedic injuries, as well as two neck surgeries, he said.
The first neck surgery was a discectomy and the implantation of an artificial disc, Kuminski said. The surgery resulted in increased movement of the spine, which led to the development of arthritis, he said. As a result, the artificial disc was removed, and the plaintiff underwent spinal fusion surgery, Kuminski said.
Tomaselli continues to suffer from symptoms related to her injuries, Kuminski said.
Superior Court Judge Phillip Paley presided over the trial, which lasted four days.
Siegal's carrier, New Jersey Manufacturers Insurance Co., retained Michael McCaffrey of Purcell Mulcahy Flanagan in Bedminster. He didn't return a call about the case.
— Michael Booth
|$875,000 For Restaurant Fall
Lewis v. P.B.'s Diner and Taproom: A restaurant patron who suffered traumatic brain injury after a stairway fall agreed to an $875,000 settlement in his suit in U.S. District Court on Nov. 13.
Jack Lewis, then 66, was exiting PB's Diner and Taproom in Glassboro on June 19, 2015, when he lost his footing at the top of an exterior stairway. The restaurant owner created a tripping hazard by removing some tile and replacing it with a piece of wood, according to plaintiff lawyer Gerald Baldino Jr. of Sacchetta & Baldino in Media, Pennsylvania.
Lewis' shoe became caught, and he fell down six steps, striking his head. A CT scan of the brain was read as negative, and he was discharged, but he was ordered to return several hours later when a second reading of the same scan showed a brain bleed. He was diagnosed with a subdural hematoma and concussion, and released after one day.
A month after the fall, Lewis returned to his job as a corporate controller, but experienced effects of a traumatic brain injury, including memory loss, the suit claimed. He retired from his job roughly one year later, due to what he claimed were ongoing effects of the brain injury, Baldino said.
According to Baldino, the restaurant acknowledged Lewis' injury but asserted that he made a full recovery, as evidenced by his return to his job. The restaurant also asserted that alcohol intoxication contributed to his fall. He had consumed two alcoholic drinks with dinner.
The parties agreed to settle for $875,000. The restaurant had $1 million in coverage with Utica First Insurance Company, Baldino said.
The lawyer for the restaurant was Thomas Decker of Decker & McGaw in Westfield. He did not return a call about the case.
— Charles Toutant
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