$325,000 for client who sustained back and shoulder injuries in restaurant fall down - 2006

Our client suffered a torn rotator cuff and disc bulges in her lower back after falling through an open trap door in a restaurant floor during business hours. Our investigation revealed that this particular restaurant had previously been warned by a township construction official not to open this trap door during business hours. Armed with that information, we filed a lawsuit against the restaurant, asserting claims for both compensatory and punitive damages. We obtained the sworn testimony of every restaurant employee who was present at the time of our client’s accident, as well as the sworn testimony of the township construction official. We fully prepared the case for a jury trial.

Fearful that it would have to pay both compensatory and punitive damages to our client, the restaurant ultimately agreed to pay our client $325,000 rather than to proceed to trial in front of a jury.

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$2.8 Million Jury Verdict In Union County - 2006 (Reported in the Newark Star Ledger and New Jersey Law Journal)

We were counsel for the driver of a minivan who was injured when a tractor-trailer broadsided her vehicle at an intersection controlled by a traffic light. Our client and two other passengers in the minivan filed personal injury lawsuits against the tractor-trailer driver. As our investigation unfolded, we determined that the witnesses to the accident all seemed to support the tractor-trailer driver’s claim that he had the green light at the time of the accident, and that our client had the red light. However, further investigation revealed that there was a traffic light malfunction at the time of the accident that, when coupled with sun glare, made our client believe that she had the green light when she entered the intersection (even though her light was supposed to be red).

A commercial truck driving expert was hired to support our claim that the tractor-trailer driver was at fault for the accident, even though he had the green light when he entered the intersection. Prior to trial, the insurance company for the tractor-trailer driver would offer no more than $50,000 to settle the claims of all of the injured occupants of the minivan. After a two week trial in Union County, a jury found the tractor-trailer driver to be 70% responsible for the accident and awarded the injured occupants of the minivan a total of $2.8 million in damages.

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$1.5 Million for Client Bitten By Dog - 2006 (Reported in the Newark Star Ledger and The New Jersey Law Journal)

We represented a young girl who was mauled by a pit bull when she was only eighteen months old, causing her to suffer extensive facial scarring. Before the injured girl’s mother retained our office to handle the case, the case had been turned down by other lawyers who felt that there would be no insurance coverage for this claim. Our office immediately identified $1.5 million dollars in available insurance coverage for this claim and sued the insurance companies, the dog owner, the woman who was watching our infant client when the attack occurred, and the homeowner where the dog was kept.

After we obtained a $3.5 million dollar arbitration award in favor of our client, the insurance companies for the defendants agreed to pay their full policy limits to settle our client’s claim. The settlement amount was placed into an annuity for the benefit of our client which could yield total payments to our client during her lifetime of over $7.5 million.

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$450,000 for Injured Bicyclist - 2006

We represented a bicyclist who sustained numerous orthopedic injuries when he was struck by an automobile. After we obtained an extremely damaging statement from an eyewitness to the accident, and got the defendant to make several damaging concessions during his deposition, the defendant’s insurance company more than doubled its previous offer to settle the case.

$165,000 for Fracture Ankle - 2007

We represented a gentlemen who fell on ice and injured his ankle when leaving a social club. The defendant filed a motion with the Court to dismiss our client’s case, alleging that it was protected from liability by New Jersey’s Charitable Immunity Act. We defeated the defendant’s motion and prepared this case for trial. On the day of the scheduled trial, the insurance company for the defendant finally agreed to pay $165,000 to settle this case without a trial.

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$125,000 for Rotator Cuff Surgery - 2006

Our client injured her shoulder in an automobile accident, and ultimately underwent surgery on her rotator cuff. Because our client had shoulder problems before her automobile accident, the insurance company for the other driver took the position that all of our client’s shoulder problems were the result of pre-existing condition(s) and not her automobile accident. The insurance company took a “no pay” settlement position on this case.

We filed a lawsuit against the other driver and obtained medical reports to support our claim that our client’s need for rotator cuff surgery was caused by her automobile accident and not by any pre-existing condition. We aggressively litigated the case and prepared it for trial. On the day of the scheduled trial, the insurance company for the other driver agreed to settle the case for $125,000.

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From the Star Ledger:

Livingston bicyclist wins $4.1 million in accident suit

A jury awarded a 30-year-old Livingston man $4.1 million in a lawsuit filed against a woman who accidentally hit him with her car as he was riding his bicycle.

The six-panel jury handed down the judgment Thursday after a two-week trial in Superior Court in Essex County before Judge F. Michael Caruso.

Hector Morales claimed that Phyllis Rosenfeld, 86, suffered from macular degeneration and should have been wearing glasses to aid her eyesight as she was driving down West Northfield Avenue in Livingston in October 1995.

Morales was headed east on the road on his 10-speed bicycle when Rosenfeld struck him from behind, said James Mahoney, Morales’ attorney.

“She had extremely poor eyesight”, he said. “She was only allowed to drive if she was wearing her glasses.”

Rosenfeld, of Atco in Camden County, refuted Mahoney. “I don't wear glasses when I drive”, she said. “I didn't have to at the time.”

She said she was surprised by the jury’s decision. “It seems to be exaggerated", she said of the amount of money awarded.

However, Rosenfeld will not have to pay. She said she asked her insurance company, Cumberland Mutual, to avoid a trial. “I said I was willing to have the matter settled”, Rosenfeld said. “The insurance company wasn’t settling.”

From the New Jersey Law Journal, “The Annual Top 20 Personal Injury Awards” (9/1/99– 8/31/00):

$3.37M for Automobile Negligence - Morales v. Rosenfeld: An Essex County jury awarded $3.74 million Thursday to a 30-year-old bicyclist left permanently disabled after he was hit by a car in October 1995.

The award was reduced to $3.37 million because the jury found Victor Morales 10 percent negligent for his injuries. The defense had argued that he shouldn’t have been riding his bicycle on the busy road, West Northfield Avenue in Livingston.

Morales was struck from behind by Phyllis Rosenfeld, 86, of Atco, and was thrown across the hood of her 1984 Pontiac. Skid marks in the road showed that Rosenfeld’s car was no more than a foot from the curb at the time of the accident. Rosenfeld, who suffers from macular degeneration, admitted in a statement to her insurance company that she was not wearing her corrective lenses.

The plaintiff’s attorney, solo practitioner James Mahoney of Denville, said Rosenfeld’s uncorrected vision of 20-200 in one eye and 20-60 in the other was below the minimum standard necessary to drive in New Jersey.

Morales was in a comatose state for about a month and fractured his skull, hip and wrist. He underwent multiple surgeries and suffered injury to his jaw as a result of surgery on his skull. Mahoney said his client continues to experience diffucilty walking and speaking and suffers from cognitive impairment. Formerly employed by Bradlees as a sales clerk, he has been unable to work since the accident.

The 6-0 verdict, reached after four hours of deliberation, consisted of $2.75 million for pain and suffering, $60,000 for lost wages and $934,000 for future earnings. The 10 percent reduction was by a 5-1 vote.

Prejudgment interest through Feb. 29 brings the total judgment to $4.16 million, Mahoney said.

The defendant, who was insured for $1.25 million by Cumberland Mutual Insurance Company, offered $500,000 to settle the case.

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$2,000,000 For Automobile Accident Victim - 2004

Our client was a mechanical engineer who was injured in an automobile accident with a tractor-trailer on Route 287 in Morris Township. He sustained serious injuries that left him with a permanent limp and an inability to lift his left foot. Initially, the owner of the tractor-trailer claimed to have only $1,000,000 in liability coverage. Our office, however, refused to accept that representation at face value and did our own investigation which uncovered another $1,000,000 in insurance coverage, meaning that the total liability coverage available to our client was $2,000,000 not $1,000,000.

Our office hired a vocational expert to support our client’s claims that his permanent injuries made it impossible for him to resume work in his chosen profession, and an economic expert to estimate his lost future income capacity. We also arranged for our client’s treating orthopedic doctors to testify at the time of trial. On the day that the case was scheduled for trial, the insurance companies for the tractor-trailer owner agreed to pay its full $2,000,000 coverage limits to settle our client’s claim.

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$1,250,000 for Motorcycle Accident Victim - 2004

Our client was paralyzed when a private passenger automobile struck his motorcycle. When he first consulted our office, he already had another lawyer who was urging him to settle his case for $250,000 -- the amount of the liability coverage that the other driver had on her insurance policy.

We took over the case and immediately began searching for other available liability insurance policies. As a result of our efforts, we discovered a $1,000,000 umbrella liability policy that was issued to the other driver’s parents, but also covered the driver. The insurance company that issued the umbrella insurance policy ultimately agreed to pay its entire $1,000,000 policy to our client.

In the end, our client obtained 5 times the recovery that he would have obtained if he had not changed lawyers.

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$750,000 for Rescue Squad Worker Injured In Fall-Down Accident - 2004

Our client, a volunteer rescue squad worker, tripped over a piece of chicken wire fencing when responding to a call, and seriously injured her knee. We filed a workers compensation claim on her behalf and also filed a direct claim against the property owner that had the chicken wire on his property. We hired an expert engineer who claimed that the chicken wire was a hazardous condition that should have been remedied by the property owner.

We obtained generous workers compensation benefits for our client. In addition, the Court entered a $750,000 judgment for our client against the property owner.

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$475,000 Legal Malpractice Recovery - 2004

Our client came to us when a Will under which he was a beneficiary was successfully challenged in Court. Our client was accused or fraud and forgery in connection with the execution of the Will, and he ended up receiving none of the money that his deceased friend intended to give him.

We immediately recognized that our client was left open to a successful Will challenge because of inadequate legal advice he received from a lawyer concerning the execution of the Will. We sued the lawyer for malpractice and, after 4 years of hard-fought litigation, obtained a $475,000 recovery for our client.

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$475,000 for Snow/Ice Fall-Down Accident - 2003

Our client came to us with a $180,000 judgment that another lawyer had obtained for her as a result of a fall-down accident that occurred when she slipped on snow/ice at her condominium complex. The other lawyer had obtained the judgment against the condominium complex, but told our client that he was unable to collect on the judgment. Our client retained us to collect the $180,000 that was owed to her under the judgment.

We immediately realized, however, that our client’s case was worth much more than $180,000 and agreed to have the previous judgment against the condominium complex vacated (thrown out). We then actively litigated a lawsuit against the condominium complex owners and ultimately obtained a settlement of $475,000 for our client -- almost three times the amount that she hired us to collect for her under the previous judgment!

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$350,000 Uninsured Motorist Recovery for Hit-And-Run Accident - 2003

Our client came to us after having been hit by a hit-and-run driver while he was a pedestrian crossing the street. Since the driver of the hit-and-run vehicle was never caught and/or identified, our client’s only avenue of recovery was to make a claim for Uninsured Motorist (UM) Benefits. Unfortunately, though, he only had $25,000 of UM coverage under his own personal automobile insurance policy. After having been told by many lawyers that he would never get anything more than the $25,000 in UM coverage available under his own policy, he came to Mahoney & Baker for representation.

We immediately realized that an argument could be made that the client was entitled to insurance coverage under his employer’s automobile insurance policy (the client was working at the time of the accident and had driven a company van to the accident site), which had UM coverage of $1,000,000. Of course, the employer’s insurance company denied coverage for our client’s claim, forcing us to sue them for coverage. When we won the lawsuit, the insurance company appealed. However, when we won the appeal, the insurance company finally agreed to pay $350,000 to settle our client’s claim.

Had the client stayed with his initial lawyers, and not come to Mahoney & Baker, he would never have received this $350,000 recovery!

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$300,000 For Fall-Down At Newark Airport

Our client slipped and fell on a wet substance on the floor at Newark Airport, injuring her back. We filed a lawsuit against the airport maintenance company, the airline that occupied the terminal and the vending companies that had food stands right near the wet floor location. As expected, all of these defendants denied that there was any wet substance on the floor where our client fell. During the lawsuit, however, we worked hard to prove our client’s case. Our hard work eventually paid off as we were able to obtain a $300,000 settlement for our client.

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$215,000 for Fall-Down Accident At Dominican Republic Resort

Our client was on vacation at a resort in the Dominican Republic when she slipped and fell on wet steps in the buffet area of the resort restaurant. As a result of her fall, she sustained a fractured ankle.

We filed a lawsuit in New Jersey against the resort, and hired an expert who concluded that the buffet steps where the client fell should have been equipped with a handrail, and should have had a non-skid surface. We actually flew down to the Dominican Republic to take depositions of the resort employees who were present during the fall, and to inspect the buffet area where the fall occurred. During our trip to the resort, we discovered that the resort had installed a non-skid stripping on the stairs after our client’s fall -- the exact thing that our expert said was missing from the steps when the accident happened! We never would have discovered this change in the steps if we had not taken the trip to the Dominican Republic.

Based largely on the incriminating evidence and testimony we uncovered during our trip to the Dominican Republic, we were able to obtain a $215,000 settlement for our client.

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$209,000 For Client Who Missed Deadline in Filing For Benefits In Class Action Lawsuit -2003

After receiving a defective knee prosthesis, our client discovered that a class action lawsuit against the manufacturer was already underway in federal court in Ohio. Unfortunately, though, by the time he filed a claim in the Ohio lawsuit, the deadline for filing such claims had passed. Our client was told that his claim was filed too late, and that he would not receive any money damages at all.

Our office took on an appeal of the class action lawsuit decision on behalf of our client. However, our research revealed that many other claimants had appealed the decision that their claims were not filed on time, but not one of these appeals had been successful. We drafted a comprehensive legal argument in support of our appeal and submitted it to the class action settlement fund committee. The class action settlement committee ruled in favor of our appeal, making us the first attorneys to successfully appeal a finding by the committee that a clam was not filed on time. As a result of our efforts, the clients received $209,000 in benefits from the class action settlement trust.

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$750,000 for Construction Worker Injured in Fall From Scaffold - 2002

Our client sustained a serious back injury in a fall from a scaffold on a construction site. We filed a workers compensation claim on his behalf , and also filed a direct lawsuit against the general contractor, who was responsible for safety at the construction project in question. We hired an expert on OSHA and construction site safety who claimed that the general contractor was negligent in allowing the workers at the site to erect and use scaffolding in an unsafe manner.

We fought this case in both workers compensation court (against our client’s employer) and in Superior Court (against the general contractor). In workers compensation court, we fought the constant attempts of our client’s employer to cut off his medical treatment -- and we won every one of these fights! Ultimately, the workers compensation insurance company agreed to pay our client a 100% disability award.

In Superior Court, we had similarly successful results, obtaining a $750,000 settlement from the general contractor just before the trial of the case was set to begin.

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$350,000 for Child Scalded By Faucet Water At Public Housing Complex

Our client, a child who was mentally handicapped, sustained burn injuries from scalding hot water that came from the bathroom faucet at the public housing project apartment she lived in with her mother. While the case was being handled by the first lawyer hired by the client’s mother, the Court dismissed most of the responsible parties from the lawsuit. At that point, there was really no case left.

When the client’s mother hired us to take over the case, we went right to work. We hired an investigator who got several incriminating statements from former employees of the public housing project where the incident occurred, and hired an expert to support the claim that the faucet water was so hot that it violated applicable building codes. Using this new information/evidence, we went to Court and got our client’s claims against all of the responsible parties reinstated. The case was back!

Eventually, the new evidence we uncovered, along with our expert’s testimony, convinced the public housing agency to pay $350,000 to settle our client’s claims.