$750K Settlement for 65-Year-Old in Case That Hinged on Age
A medical expert working for the defendant said the torn rotator cuff was the result of old age, rather than an accident-related injury, plaintiffs counsel said.
November 13, 2024 at 05:22 PM
2 minute read
A New Jersey man who sustained spinal injuries when his car was struck in the rear by a truck has agreed to a $750,000 settlement of his suit in Camden County Superior Court.
Michael Boczar of Deptford was driving north on Route 676 in Camden on July 19, 2021, when his car was struck in the rear by a truck that was operated by Jorge Velez and owned by J. Ambrogi Food Distribution of Thorofare, according to court documents.
Boczar allegedly stopped when the vehicle in front of his came to a stop but the truck did not, according to his attorney, Zachary M. Green of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins.
Boczar suffered a torn rotator cuff in his left shoulder and multiple cervical disc herniations, Green said. He underwent surgery to repair his left shoulder and later received a two-level cervical fusion after his back pain could not be relieved by epidurals.
As a result of his injuries, Boczar has numbness in his left arm and his back pain makes it difficult to sleep, Green said. He also has reduced strength in his arms and can no longer lift and play with his grandchildren, Green said. Now 65, Boczar, who has a desk job, has returned to work, Green said.
A medical expert working for defendant Ambrogi said that Boczar's torn rotator cuff was the result of old age, rather than an accident-related injury, Green said.
The defense also sought to reduce damages on the theory that Boczar's spine was degenerating because one of his injured discs fused naturally, and the three-level fusion that was scheduled ended up being a two-level fusion, Green said.
The parties reached the $750,000 settlement on Oct. 1.
The lawyer for Ambrogi and Velez, Lisa R. Bowles from the Law Offices of James H. Rohlfing in Marlton, declined to comment on the settlement.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllOn the Move and After Hours: Riker Danzig; Goldberg Segalla; Rawle & Henderson; Laddey Clark; Volunteer Lawyers for Justice
6 minute readFatal Shooting of CEO Sets Off Scramble to Reassess Executive Security
5 minute readTrending Stories
- 1Justices Will Weigh Constitutionality of Law Allowing Terror Victims to Sue PLO
- 2Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure
- 3OpenAI Tells Court It Will Seek to Consolidate Copyright Suits Under MDL
- 44th Circuit Allows State Felon Voting Ban Challenge to Go Forward
- 5Class Actions Claim Progressive Undervalues Totaled Cars
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250