A man who lost sight in one eye after a motorcycle accident received $2.04 million to settle his Hudson County suit, Arroyo v. Mager, on Dec. 30, 2017.
Dionel Arroyo was riding his motorcycle on Marin Boulevard at 16th Street in Jersey City on April 16, 2016, when he was hit by a car driven by Ezra Mager. Mager, then 75, was making a left turn and said he did not see Arroyo’s motorcycle approaching, said plaintiff lawyer Andrew D’Arcy of D’Arcy Johnson Day in Egg Harbor Township.
Arroyo, now 33, of Jersey City, who was wearing a helmet, was thrown from the motorcycle and suffered broken bones around his right eye, which left him blind in that eye. He underwent a craniotomy procedure, which left him with significant scarring. He was, however, able to return to his job in tunnel operations at the Port Authority of New York and New Jersey, D’Arcy said.
The settlement was reached during mediation with former Ocean County Superior Court Judge Thomas O’Brien, now with Bathgate, Wegener & Wolf in Lakewood.
Mager’s lawyer, Patricia Adams of Campbell, Foley, Delano & Adams in Asbury Park, did not return a call about the case.
— Charles Toutant
Lincoln Tunnel Crash Nets $991K
Horne v. J. Pancheco Express Corp.: A man injured when a tractor-trailer rear-ended him while he was driving through the Lincoln Tunnel was paid a $991,044 settlement in his Hudson County suit on Nov. 20, 2017.
In March 2014, Jarrod Horne, then 41, was heading westbound and stopped for traffic when Jose M. Veras, driving a tractor-trailer owned by his employer, trucking company J.Pacheco Express Corp., struck Horne from behind, propelling his sedan into the vehicle in front of him, said his lawyer, Damon Vespi of the Vespi Law Firm in Totowa.
Horne sustained herniations to his cervical and lumbar spine, and a meniscus tear in his right knee. He underwent a two-level laminectomy at the lumbar level, as well as arthroscopic surgery and partial meniscectomy to his right knee, Vespi said, noting that Horne had $5,000 in PIP coverage and upward of $300,000 in medical bills.
Horne, a construction worker, attempted but was unable to return to work after the accident, Vespi said. The suit claimed $1.8 million in lost wages and an ERISA lien of $40,091. A per quod claim on behalf of Horne’s wife was included.
J. Panacheco stipulated liability, and the parties settled in early 2017, after discovery and on the eve of trial, according to Vespi. The defendants paid $991,044, representing J. Panacheco’s policy limit less a sum already paid for property damage.
The settlement amount was held by the court pending resolution of a family court matter, and paid last Nov. 20.
The defendants’ counsel, Gerald Kaplan of Methfessel & Werbel in Edison, confirmed the settlement.
— David Gialanella
$850K in Monmouth Slip & Fall
Janosko v. Super Foodtown of Red Bank: A Rumson woman has received $850,000 as compensation for injuries she sustained when she fell after stumbling over a crack in a grocery store parking lot.
Plaintiff Jacqueline Janosko, now 53, received her settlement funds from AIX Specialty Insurance Co., the carrier for defendant Super Foodtown of Red Bank, on Jan. 11, said her attorney, Norman Hobbie.
The case settled on Dec. 1, 2017. It had been scheduled to go to trial in Monmouth County Superior Court on Dec. 11, said Hobbie, of Eatontown’s Hobbie Corrigan & Bertucio.
The accident occurred on March 15, 2015. Janosko claimed her foot got caught in a crack in the store parking lot pavement, and sustained injuries to her left arm, elbow and hand, which required her to undergo three surgeries, Hobbie said. As a result of muscle atrophy, the left arm and hand are permanently deformed, Hobbie said.
The defendant contended that the lot was properly maintained, and that the plaintiff’s own negligence contributed to the fall, according to Hobbie.
Earlier in the case, Monmouth County Superior Court Judge Jamie Perri granted Foodtown’s motion to dismiss a punitive damages claim, which alleged that the store purposefully destroyed a security camera videotape of the accident, Hobbie said.
The case settled after mediation with retired Judge Thomas O’Brien of Bathgate, Wegener & Wolf in Lakewood, Hobbie said.
AIX retained Michael Riehl of Britt, Riehl & Spudic in Freehold. He did not return a call seeking comment.
— Michael Booth