Max Stagliano of Gill & Chamas recently secured a $3.8 million settlement in Monmouth County for a 27-year old pedestrian.
While the case initially looked bleak for the injured pedestrian plaintiff, scientific discovery and investigation, including thousands of pages of cellphone data and dashcam video, revealed that the defendant had been driving distracted and erratically. A cellphone expert and an accident reconstruction expert were retained to solidify plaintiff’s theory of liability. Plaintiff also pursued a theory of negligent retention against the defendant’s employer, as defendant had been cited for several acts of poor behavior and misconduct in the months preceding the accident.
The plaintiff suffered significant head, arm and hip injuries as a result of the accident, which gave rise to multiple surgeries. After missing several months of work, the plaintiff returned to work full time as a senior auditor. A vocational expert and economist were retained to develop diminished earnings capacity claims, as the plaintiff had great difficulty moving up the ranks in the accounting industry following the trauma. The defendants aggressively contested liability, and the nature and extent of the harms suffered by plaintiff, before ultimately resolving the matter at a settlement conference following a failed mediation. Defendants counsel Mr. Bazzurro, Mr. Stagliano, and Mr. Sahin worked to secure a third party contribution from a third party defendant which helped foster the global resolution. Mr. Sahin served as co-plaintiffs counsel on the case.
