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Motor Vehicle Negligence


The plaintiff driver, 32 at the time of the accident contended that the defendant limo driver suddenly attempted to make a left turn from the employer’s driveway without making adequate observations causing the accident. The defendant denied that he had completely left the parking lot and maintained that the plaintiff lost control and veered into him while the defendant was on the shoulder. The plaintiff countered that most of the debris and skid marks were in the roadway. The plaintiff further established that at the scene, the defendant had advised the investigating police officer that the accident occurred in the roadway.

The plaintiff maintained that he suffered herniations at L4-5 and L5-S1 that required surgery and shoulder impingement syndrome to the right dominant shoulder that required arthroscopic surgery. The plaintiff contended that he will suffer permanent pain and limitations in the lower back and right shoulder and was unable to return to his position as an electrician’s apprentice. The plaintiff has since commenced working retail at approximately the same salary he had earned as an electrician’s apprentice.

The case settled prior to trial for $333,500.

Plaintiff’s orthopedist expert: Steven Lisser from Middletown, NJ. Plaintiff’s neurosurgeon expert: Jonathon Lustgarten from West Long Branch, NJ.
W.B. v. Hurley, et al. Docket no. MON-L-2086-04; 2/08.
Attorney for plaintiff: Charles A. Cerussi of Cerussi &Gunn in Shrewsbury, NJ and Garden City, NY.