Our Successes

Re: Nell 

Mr. Nell was a 72 year old man on his way to dialysis when the van in which he was a passenger was involved in accident with another vehicle. He was in very poor health due to a serious heart condition and, as a result of the accident, his pre-existing herniated discs were worsened and he was ultimately confined him to a wheelchair.

In addition to a Day in the Life video showing the care which his wife was required to provide in terms of dressing, bathing and toileting, expert testimony was presented from Mr. Nell’s cardiologist, orthopedic specialist and a Life Care Planner who projected the future medical costs needed for Mr. Nell.

The top offer made prior to trial was $100,000.00 and was increased to $300,000.00 during the course of the trial.  After a five (5) day jury trial and immediately before closing speeches were to be made to the jury, the case settled for $900,000.00.

Re: DeFreitas vs. Maryland Casualty, et al

1990 Auto Accident — Plaintiff, a Professor at a prestigious medical research institute in Philadelphia, was a passenger involved in a three (3) car collision. As a result of her injuries, Plaintiff developed reflex sympathetic dystrophy (RSD) which resulted in severe and chronic pain throughout her extremities and forced her to retire from her job while still in her early forties and required her to take significant narcotic medication on a daily basis. Following the filing of a lawsuit and depositions of all drivers and passengers involved, the insurance carriers for the three (3) vehicles involved tendered policy limits totaling $275,000.00 under the bodily injury portion of the policies.

An underinsured motorist claim was then made against Maryland Casualty which insured three (3) vehicles in the name of Plaintiff and her husband. The policy provided for $250,000.00 of stacked underinsured motorist benefits or the equivalent of $750,000.00.

The medical expert for Maryland Casualty examined Plaintiff and concluded that she did not suffer from RSD nor was she suffering from any disabling injury related to the motor vehicle accident.

Shortly before a binding arbitration hearing, Maryland Casualty tendered the policy limits of $750,000.00. The total recovery in the case was therefore $1,025,000.00.

Re: Forrest

Mr. Forrest, a gentleman in his early forties, was a passenger in a vehicle which rear ended a vehicle that was disabled and stopped on the Delaware Memorial Bridge.  Mr. Forrest had sustained a work injury approximately 25 years earlier which rendered him a quadriplegic confined to a wheelchair.

Initial treatment involved the placement of pins in an attempt to repair a fractured hip.  Due to the pre-existing paraplegia and the weakness of his bones, Mr. Forrest soon developed avascular necrosis or death of the hip bone and he was forced to undergo a total hip replacement.   Despite his pre-existing paraplegia, the Plaintiff worked at CVS for ten years as a stock clerk and casher but was unable to return to work following his motor vehicle accident.

I was admitted to the Delaware bar upon Motion of a Delaware lawyer for the purpose of litigating this case. After 3 days of a jury trial, including testimony of an orthopedic surgeon and an economist who calculated the Plaintiff’s past and future wage loss, the case settled for over $600,000.00.

Re: Johnson vs. American Pool Enterprises, Inc., et al

Plaintiff, a resident of Trenton, New Jersey, was a passenger in an automobile involved in motor vehicle accident in Maryland as a result of which she sustained a fracture to her knee and ultimately underwent a total knee replacement. According to Plaintiff’s orthopedic surgeon, Plaintiff required continuing medical treatment for her knee related problems.

An expert on behalf of Plaintiff prepared a report projecting Plaintiff’s future medical expenses.  Unfortunately, during the course of the litigation, Plaintiff was diagnosed with metastatic lung cancer which limited her life expectancy and diminished the claim for future pain and suffering and medical expenses.

Upon Motion of Maryland counsel, I was admitted to the Bar of that State to handle the litigation of this case. Following depositions of all parties and evaluation by defense medical expert, the case settled at a Mediation before a Judge in Maryland for the sum of $575,000.00.

Re: Bonifazi vs. August F. Ventura, et al

This case was handled by an Associate under Neal’s supervision

This claim arose out of a fall in 2009 in Somerset County, New Jersey. Plaintiff, age 40 at the time, was employed as a packer at a company which rented space in a large office building. As Plaintiff was descending exterior concrete steps, she fell as a result of an accumulation of pebbles/debris due to improper maintenance of the steps.

A lawsuit was filed against the owners of the building who denied liability claiming that they were unaware of the defective conditions which caused the fall and that the Plaintiff’s employer was responsible for maintaining the steps according to the lease agreement.

Plaintiff underwent a lumbar laminectomy,  however the surgery failed to resolve her symptoms and she was diagnosed with arachnoiditis or scar tissue around the surgical site. A spinal cord stimulator was recommended as the only method by which to relieve her chronic pain symptoms but Plaintiff declined the implantation of the device.

Plaintiff, age 40 years old at the time of the fall was unable to return to work and Plaintiff’s vocational expert offered an opinion that she was permanently disabled from any gainful employment. Another expert, a Life Care Planner prepared a report estimating the future medical costs to treat Plaintiff’s chronic pain.

Shortly before trial, the case settled for $600,000.00.

Re: Levy vs. Citizens Bank

Plaintiff, 40 years old on the date of accident was entering a Citizens Bank in Newtown, Pennsylvania when she slipped and fell on a wet tile floor in a gap between the entrance door and mat that had been placed due to rainy conditions. Deposition of the Assistant Manager on duty at the time disclosed that no inspection had been done in the one hour from the time that the bank opened until Mrs. Levy’s fall,  and that the mat that was placed has been done so improperly, leaving a large area between the entrance and the mat.   No wet floor sign had been put up nor had there been any attempt to mop the wet area before Plaintiff fell.

Plaintiff’s sustained a neck injury and eventually underwent a successful cervical fusion. Defendant’s medical expert disputed the relationship of the surgery to Plaintiff’s fall as Ms. Levy had been essentially discharged from medical treatment several months after the incident and then had a sudden recurrence and worsening of her neck pain.

Although the incident occurred in Bucks County and Plaintiff resided in Bucks County, the lawsuit was successfully filed in Philadelphia County, a much more favorable venue and the case settled for $285,000.00 following a Pre-Trial Settlement Conference.

RE: Jones-Parker vs. Nelson, et al

In 2003 Plaintiff was involved in a motor accident resulting in multiple injuries which eventually developed into complex pain syndrome/reflex sympathetic dystrophy (RSD).

The claims against the striking vehicle was settled for the policy limits of $100,000.00 and an underinsured motorist claim was then made on behalf of Plaintiff against State Farm Insurance which insured the vehicles in Plaintiff’s household.

State Farm’s medical expert examined Plaintiff, reviewed her medical records and offered an opinion that she was not suffering from complex pain syndrome or any chronic injuries related to the motor vehicle accident.

After extensive litigation, State Farm tendered the available policy limits of $200,000.00 which resulted in a total resolution of $300,000.00 which exhausted all insurance coverage available.

Re: Quigley vs. Kennedy Hospital

The case arises out of a fall which occurred in Plaintiff’s hospital room at Kennedy Hospital. As the elderly Plaintiff was exiting the bathroom in her room a resident physician entered the room causing the entrance door and bathroom doors to collide resulting in Plaintiff falling and fracturing her hip. It was established at trial that only a small percentage of the hospital rooms were designed where such an event could occur and it was Plaintiff’s position that such design was negligent.

In addition, claims were filed against various nurses for allowing Plaintiff to be ambulatory without supervision.

No offer was every made by the Defendants.  After a four (4) day jury trial in Camden County, New Jersey, a verdict was entered in the amount of $154,000.00. With the addition of pre-judgment interest, the total recovery was in excess of $178,000.00. No settlement offer was made by the Defendant prior to the jury verdict.

Re: Ellis vs. Pavillions at Forestal

Plaintiff was a 73 year old woman who was a resident at an assisted care facility in Princeton, New Jersey when, while in alone in her room, she fell from her wheelchair. Plaintiff sustained a cervical fracture and underwent a spinal fusion.

A lawsuit was filed alleging that, in view of multiple prior falls had Plaintiff been in the skilled care section of the facility rather than in an assisted living section, she would have been more  closely monitored of her activities and the fall would have been prevented.

Defendant denied liability and claimed that, given the circumstances of the fall, placement in the skilled care section would not have prevented the fall and injury. Depositions of multiple employees and administrators of the facility were conducted and, based on a review of the depositions, Plaintiff’s nursing expert offered an opinion supporting the claim made on behalf of the Plaintiff.

Prior to discovery depositions of experts on behalf of Plaintiff and Defendant, the case settled for $195,000.00.

Re: Klujoc vs. Banas

This accident occurred in Burlington County, New Jersey, when Plaintiff, a 15 year old boy, was standing in a trailer being pulled by a vehicle when the trailer hit a bump causing the Plaintiff to fall from the trailer and strike his head on concrete pavement. As a result of the fall, the minor Plaintiff sustained a skull fracture with subdural hematomas and was on a ventilator for approximately three days. Although he was able to return to school within a few weeks following the incident, he continued to have headaches and light-headedness for several months. His cognitive function, which had been impaired, returned to full function within a matter of weeks following the incident.

Liability was initially denied based on a police investigation which concluded that the minor Plaintiff had jumped onto the trailer while it was moving and that his actions were known to the Defendant Driver. The case eventually settled for the available policy limits of $100,000.00.

A second lawsuit was filed to obtain payment of Plaintiff’s medical bills from the insurance company under the policy of automobile insurance company issued to his father. Allstate Insurance Company denied payment claiming that the trailer was not a motor vehicle as defined by New Jersey law and that Plaintiff was therefore not entitled to benefits under the policy . The matter went to Arbitration and a finding was made in favor of the Plaintiff ordering Allstate to pay all bills related to the minor Plaintiff’s treatment.

Re: Wall vs. Indian Creek Foundation

In 2003, Plaintiff was on his motorcycle following behind a friend on another motorcycle when a van which had been parked made an abrupt U-turn blocking the path of Plaintiff’s motorcycle resulting in a collision of the motorcycle and the van. Defendant’s insurance carrier denied liability and a lawsuit was filed. Depositions of three (3) independent witnesses were taken all of whom supported Plaintiff’s version of the accident.

Plaintiff was taken by helicopter to Hospital of the University of Pennsylvania where he was diagnosed with multiple public fractures, a collapsed right lung and a chip fracture of the right ankle. In addition, Plaintiff was diagnosed with a mild traumatic brain injury following his loss of consciousness at the scene of the accident.

Plaintiff underwent at least two (2) arthroscopic surgeries on his wrist and ankle and Plaintiff’s orthopedic surgeon opined that he would eventually develop degenerative joint disease requiring a total hip replacement.

Plaintiff missed approximately ten (10) months of work as a detailer for a car dealer.

An expert R.N. prepared a projection estimating the cost of a total hip replacement at over $49,000.00.

Following a Non-Binding Mediation, Plaintiff’s case settled for $250,000.00.

Re: Esposito vs. Esposito

Plaintiff was passenger in her husband’s motor vehicle which was involved in a serious motor vehicle accident with another vehicle. Plaintiff sustained serious and permanent injuries including a pelvic fracture for which she underwent major surgery.

A lawsuit was filed against the operator of the second vehicle as well as Plaintiff’s husband.

After depositions, the case settled in 1994 for $275,000.00 which represented the combined policy limits of the two insurance policies.

Re: Campanale

Plaintiff, a woman in her mid-eighties was a resident at a nursing home in Bryn Mawr, Pennsylvania. In early 1991, she fell after getting out of bed and sustained a fracture to her hip for which she underwent successful surgery.

A lawsuit was filed against the nursing home alleging that proper precautions were not in place and that such precautions would have prevented Plaintiff’s fall.

Extensive depositions of various employees of the nursing home were taken. Based on a record review and the available depositions, Plaintiff’s nurse expert wrote a report in support of Plaintiff’s negligence claim. Defendant denied negligence and alleged that any negligence of the nursing home was exceeded by the negligence of the Plaintiff.

The case went to a Binding Mediation and a verdict was returned in 1994 in an amount in excess of $180,000.00.

Re: Gulite vs. Adelphia Bar and Restaurant

This case arose out of an incident which took place in 2004 when Plaintiff, who was approximately 6’6” tall, was ejected from the Adelphia Restaurant after throwing a glass of liquor at a bartender. Plaintiff was clearly intoxicated and resisted the efforts of security personnel to voluntarily leave. The restaurant surveillance video depicted four (4) bouncers holding onto Plaintiff’s legs and arms in a hallway leading to a side exit. The video showed the Plaintiff being tossed out of an exit door where he was found unconscious by another patron.

Although the video did not depict the entire sequence of events, Plaintiff was taken from the scene by ambulance where he was diagnosed with an orbital eye fracture for which surgery was required. Plaintiff’s medical bills were excess of $12,000.00 but, as he was unemployed at the time, no loss of earnings were claimed.

Depositions of the restaurant owner, manager and seven(7) bouncers were taken in which various versions of the events were given in defense of the actions of the restaurant and its employees.

Shortly before Arbitration, the case settled for $90,000.00.

ASSOCIATION MEMBERSHIPS

  • American Association of Justice
  • Pennsylvania Bar Association
  • New Jersey Bar Association
  • New Jersey Bar Association
  • New Jersey Bar Association