New Jersey Verdicts

Plaintiff(s):

Daniel Jean-Pierre (Male, 46 Years)

Plaintiff Attorney(s):

Gary D. Ginsberg;
Ginsberg & O’Connor, P.C.;
Mount Laurel,
NJ,
for
Daniel Jean-Pierre

Plaintiff Expert(s):

Edward Tobe; D.O.; Psychiatry; Marlton,
NJ called by:
Gary D. Ginsberg ■ Steven Raikin; M.D.; Orthopedic Surgery; Philadelphia,
PA called by:
Gary D. Ginsberg ■ Kenneth Swan Jr.; M.D.; Orthopedic Surgery; Wall Township,
NJ called by:
Gary D. Ginsberg

Defendant(s):

Tracy DeHart, 

Old Bridge Township Board of Education

Defense Attorney(s):

John Goworek;
Cascio & Capotorto;
Parsippany,
NJ,
for
Tracy DeHart, Old Bridge Township Board of Education

Insurer(s):

Zurich North America

On Jan. 10, 2013, plaintiff Daniel Jean-Pierre, 46, a bus driver, was steering a commuter bus north on Route 9, in Old Bridge. He was in the right shoulder/bus lane, which buses are permitted to use as a travel lane from 5 a.m. to 9 p.m. At the same time, a school bus, heading in the same direction, was in the lane to the left. As the vehicles neared Arcade Lane, the school bus, which had pulled ahead of the commuter bus, tried to make a right turn onto Arcade Lane. The front of Jean-Pierre’s bus struck the passenger’s side rear-quarter panel of the school bus. The school bus flipped on its side, and Jean-Pierre’s bus traveled about 250 feet before striking a tree. Jean-Pierre suffered multiple leg fractures (passengers on the commuter bus were also injured). Jean-Pierre sued school-bus driver Tracy DeHart and her employer, Old Bridge Township Board of Education, alleging that she was negligent in the operation of a vehicle. His counsel faulted DeHart for failing to observe Jean-Pierre to her right and for making an improper turn. Counsel further faulted the school district for negligent training of DeHart. The district’s director of transportation, who trained DeHart, testified that she had instructed DeHart to make right turns from the right lane rather than the designated bus lane/shoulder. Counsel for the school district and DeHart maintained that turning right from the right lane was acceptable, and that Jean-Pierre had a duty to yield to DeHart, who had the right-of-way, since he had occupied the right shoulder.

Jean-Pierre was taken by ambulance to an emergency room, where he was diagnosed with a compound fracture of the right tibia and a fracture of the right fibula. He was admitted to the hospital, and an external fixator was placed on his right leg. Three days later, he underwent open reduction and internal fixation surgery, by which a rod with screws was implanted along his right tibia. On Jan. 25, he was transferred to an inpatient-rehabilitation facility, where he treated for three weeks. He was discharged home, but several days later was re-admitted for an infection and complications relating to his surgical wounds. He underwent debridements and wound care, and received antibiotics and other wound-related treatment through April 1. Throughout 2013 and into 2014, Jean-Pierre treated with physical therapy and consulted his surgeon. In October 2014, the surgical screws were removed, since he was experiencing pain, and had a lengthening of his Achilles tendon after he suffered from drop foot. He continued treating with physical therapy through 2015, and was discharged in July. In addition to his physical injuries, Jean-Pierre allegedly suffered psychiatric issues, including depression, post-traumatic stress disorder, and nightmares. He treated with counseling and medications. Jean-Pierre’s orthopedic surgeon causally related his injuries and treatment. His expert in orthopedic surgery opined that Jean-Pierre suffered a permanent injury and would experience limitations and difficulty walking for the rest of his life. Jean-Pierre’s psychiatrist attributed his mental condition to the accident, and opined that he would suffer from his condition indefinitely. Jean-Pierre was forced to give up his job as a bus driver due to his inability to use his right leg to drive (no claim for lost earnings was presented). He testified that he has an impaired gait and has difficulty walking long distances and using stairs. He struggled in all aspects of his daily living, Jean-Pierre testified. He sought damages for past and future pain and suffering. Old Bridge’s counsel maintained that Jean-Pierre made an excellent recovery.

The jury found DeHart 70 percent liable and Old Bridge 30 percent liable. Jean-Pierre was determined to receive $975,000.

Judge:

Vincent LeBlon

Trial Length:

2
 weeks

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.