Brach Eichler Member and Personal Injury Chair, Edward Capozzi and Associate, Dennis Shlionsky recover $905,000 for Cervical Herniations in Middlesex County
The plaintiff was a 49-year-old Connecticut resident at the time of the collision.
On the evening of December 22, 2015, Moran Towing dispatched a flatbed truck to tend to a disabled Land Cruiser parked along the shoulder of New Jersey Turnpike near mile post 105.10 in Newark. The nature of the Cruiser’s breakdown was never uncovered and at all times materially disputed. The Cruiser’s owner testified that his vehicle’s parking break was engaged upon the tow truck’s arrival. The Moran driver testified that he pulled in front of the Cruiser and entered it, confirming that the parking break was indeed engaged. Seconds later, the Cruiser began to roll back onto the Turnpike across three lanes of traffic and collided with plaintiff’s vehicle. A second phantom vehicle left the scene after striking plaintiff’s vehicle from the rear.
As a result of the two impacts, the plaintiff sustained two lumbar bulges and herniations at C3-4 and C4-5. Having failed conservative treatment, the plaintiff underwent a series of lumbar injections and an anterior discectomy with fusion at C3-4-5.
Plaintiff did not claim economic damages for wage loss, out-of-pockets or future medical treatment.