The Plaintiff was a pedestrian who alleged that she was struck in the head by a passing motor vehicle in Egg Harbor City, New Jersey. Plaintiff alleged that the vehicle that struck her was Chris’ client based on observations she made of the vehicle and its tags, in the alternative she also asserted a claim for uninsured motorist benefits. Plaintiff alleged permanent injuries to her neck and low back in addition to head injuries. Abnormal findings were reported on diagnostic imaging testing including disc herniations. After 4 days of trial, a jury in Atlantic County, NJ found that Plaintiff failed to prove that either Chris’ client or the unidentified motor vehicle struck Plaintiff and returned a verdict of no cause of action.
While attempting a three point “K-turn” on a Pitman, New Jersey, roadway, Chris’ client backed into the Plaintiff’s vehicle allegedly causing permanent injuries to her neck and low back with nerve damage. Although abnormal findings were reported on MRI and EMG testing, including a disc herniation with nerve involvement, the Gloucester County, NJ jury found that Plaintiff failed to prove a permanent injury sufficient to pierce the “verbal threshold” and returned a verdict of “no cause of action.”
Chris’ client was a UM carrier defending in a matter where the uninsured tortfeasor struck the rear of Plaintiff’s vehicle while stopped in traffic. Plaintiff alleged permanent injuries to the neck and low back including a total of 8 herniated discs. Abnormal findings were reported on MRI and EMG testing. Records of recent treatment and an injection received after the discovery end date were barred in pre-trial motion practice. A jury in Camden County, NJ found that Plaintiff failed to prove a permanent injury sufficient to pierce the “verbal threshold” and returned a verdict of no cause of action.
Chris’ client was driver that rear-ended the Plaintiff’s vehicle on Interstate 76 in New Jersey. Plaintiff, who was in her 20s, alleged permanent injuries to the neck and low back. Abnormal findings were reported on MRI and EMG testing including a disc herniation with nerve impingement. The Court barred any claim for future medical expenses in pre-trial motion practice. A jury in Camden County, NJ found that Plaintiff failed to prove a permanent injury sufficient to pierce the “verbal threshold” and returned a verdict of no cause of action.
Chris’ client was exiting her driveway intending to cross an intersecting street when her vehicle struck Plaintiff’s vehicle. Our client was cited for careless driving, pled guilty and liability was conceded prior to trial. Plaintiff alleged permanent BI (neck and low back with radiculopathy, anxiety, and cognitive injuries including memory deficits). MRI, EMG and CT tests all revealed “abnormal” results and Plaintiff was still treating (chiropractic) at the time of trial. A Camden County, NJ, jury found the Plaintiff did not sustain a permanent injury, did not pierce the “verbal threshold” and they did not allow any recovery for medical bills or future medical expenses.
After two-days of testimony in an intersectional collision case where Chris Marcucci represented a driver who testified two large utility trucks illegally parked blocked his view of the approaching plaintiff vehicle, the jury found the Plaintiff did not sustain a permanent injury, failed to surmount the verbal threshold, and returned a verdict of “no cause.”
Plaintiff settled with the owner of the utility vehicles prior to trial. At trial, plaintiff testified: “I was doing fine, I was feeling fine …” before the accident and, during cross-examination, the plaintiff testified the reason she did not see our client’s vehicle before the accident was not that it was obscured by the utility trucks, but because as she was driving, she was looking straight ahead and never looked to her left. Our client testified through a Gujarati interpreter, that the utility trucks parked to his right blocked his view, he observed one car pass from his right to his left and at that point he proceeded into the intersection and was involved in the collision with plaintiff’s vehicle which he never saw before the impact.
Plaintiff alleged low back, neck, right shoulder, and head injuries were sustained resulting in emergency treatment, chiropractic treatment, physical therapy, orthopedic evaluation and lumbar MRI testing which revealed a disc herniation at L5-S1 and disc bulges at L4-5 and L3-4. At trial the Judge found Chris’ Motions in limine compelling and precluded testimony from Plaintiff’s chiropractic expert concerning re-aggravation of an earlier injury and the potential for surgery, however, permitted testimony regarding permanency.
The jury returned a verdict attributing 55% of the liability to our client; 35% to the utility truck owner, and 10% of the liability to Plaintiff, however, the jury further concluded the plaintiff had not demonstrated through objective medical evidence that she had sustained a permanent injury as a result of the accident, voting 7-0 in favor of dismissing plaintiff’s case.
Christopher Marcucci in our New Jersey office secured a “no cause” in an auto accident where liability was stipulated. The jury, assessing damages, only, found the youthful plaintiff’s complaints regarding permanent knee damages and future pain and suffering with a life expectancy of more than 30 years. Plaintiff made an offer of judgment, as well, however, the jury ultimately concluded that Plaintiff did not sustain a permanent injury proximately caused by the accident and returned a verdict of no cause of action.
Our Central & Southern New Jersey colleague, Christopher Marcucci, recently secured a defense verdict for his landlord client who was sued by a US Postal Worker allegedly attacked by a dog owned by his client’s tenant. At the conclusion of the trial the jury found no cause of action against the landlord.