Oct 11, 2010

Tom Morrone successfully defended an Allstate NJ insured driver in a trial in the Superior Court of NJ, Bergen County.  The week-long trial before the Hon. Rachelle L. Harz, J.S.C., which concluded on September 24, 2010, was successfully defended on damages only as the Defendant admitted fault for the head-on collision.  The Plaintiff called as their medical expert, the Chairman of the Orthopedics Department at Englewood Hospital and Medical Center.  However, despite his credentials, he was unfamiliar with the plaintiff’s medical and occupational history as well as her subsequent accident in which she sustained similar injuries a year later.  The jury unanimously agreed with Tom that the Plaintiff failed to demonstrate a permanent injury from the accident.

The following week Tom Morrone was back on his feet, and successfully defended an NJM insured driver and his employer in a trial in the Superior Court of NJ, Hudson County.  The week-long trial was before the Hon. Mark A. Baber, J.S.C.  In this case, the Defendant driver struck the Plaintiff pedestrian as he was making a left turn at the intersection where the Plaintiff was crossing.  Tom successfully argued that some responsibility for this accident should rest with the Plaintiff who denied seeing the Defendant at any time before the accident as she crossed the street.  In addition to claiming neck and back injuries from the accident, the pedestrian plaintiff also alleged hip injuries and the development of a seizure disorder as a result of her treatment for the injuries claimed from the accident.  Tom successfully moved to bar both the hip injury and seizure disorder claims, arguing that the plaintiff had failed to provide adequate medical expert support for either alleged injury.  Tom also successfully barred the Plaintiff’s alleged lost-wages claim.  The jury ultimately unanimously found the Plaintiff 20% at fault and found that the plaintiff did not sustain a permanent injury from the accident.

Chasan Lamparello
Mallon & Cappuzzo, PC

300 Lighting Way
Suite 200
Secaucus, NJ 07094
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