NJ TRANSIT HEAD ON LEFT TURN BUS (ACCIDENT)

Plaintiff alleged injuries from head-on collision with bus

Verdict (P): $3,000,000

Case: Edward Klein v. Gustavo A. Recinos and New Jersey Transit Corp., No. BER-L-7278-09

Court:  Bergen County Superior Court

Judge: Mark M. Russello

Date: 12/13/2011

Plaintiff

Attorney(s)

                James C. De Zao III, Law Offices of James C. De Zao, P.A., Parsippany, NJ

Defense

Attorney(s)

                Thomas M. Lenney, Arseneault, Whipple, Fassett & Azzarello, LLP, Chatham, NJ

Facts & Allegations

On Feb. 13, 2008, plaintiff Edward Klein, 52, an IT consultant, was involved in a head-on collision with a New Jersey Transit bus, which was making a left turn on Moonachie Avenue in Carlstadt. Klein, proceeding in the opposite direction with the right-of-way, was in his private motor vehicle. The collision was significant and resulted in Klein's vehicle having to be towed from the scene. Klein claimed he sustained injuries in the collision.

Klein sued the bus driver, Gustavo A. Recinos, and New Jersey Transit. He alleged that Recinos was negligent in the operation of a motor vehicle and that New Jersey Transit was vicariously liable for his actions.

The defense blamed the plaintiff for the accident.

Injuries/Damages

herniated disc, cervical; herniated disc at C4-5; fusion, cervical; lumbar herniation; shoulder; torn labrum; knee; aggravation of preexisting condition; knee replacement; epidural injections; post-traumatic stress disorder; depression; chiropractic.
 

Klein did not seek any medical attention until two days following the accident when he presented to his primary care physician complaining of neck, back, shoulder and knee pain. He was referred to an orthopedic specialist who initially treated him with anti-inflammatory and pain medications. When his symptoms did not subside, cervical, thoracic and shoulder MRIs were taken, resulting in a diagnosis of multi-level cervical and lumbar disc herniations and a labrum tear in the right shoulder.
 

Surgery was recommended for the disc herniations, which Klein declined. He resorted to chiropractic treatment and pain management therapy. He also underwent numerous multi-level epidural injections.
 

Klein also underwent a cervical and thoracic discogram and a thoracic IDET procedure (intradiscal electrothermal therapy). When these therapies and procedures failed, he underwent a cervical fusion at C4-5. He also experienced a failure of a previous left knee replacement and had to have a second total knee replacement.
 

Klein was also diagnosed with significant post-traumatic stress disorder, depression and associated sleep disorders.

At the time of trial Klein was still being treated for both his physical and psychological problems. He has not returned to work and has an application for Social Security disability pending.
 

The defense argued that Klein's injuries to a great extent were preexisting and not significantly aggravated by the accident. The defense also argued that Klein might achieve a higher level of recovery if better motivated. The psychological injuries were disputed.

Result

The jury determined that the defendant was 100 percent liable for the accident and returned a $3 million damage award for Klein.

Trial Details

            Trial Length: 5 Months

            Jury Deliberations: 2.5 Hours

            Jury Poll: 8-0

            Jury Composition: None reported

Editor's Note

This report is based on information that was provided by plaintiff's counsel. Defense counsel declined to contribute.