Construction Accident

Outcome: $2,000,000 Settlement

Description: Blume Goldfaden partner John Molinari represented a 15 year old boy who was injured while riding his dirt bike in the Kearny meadows. The young plaintiff was coming around a curve in the meadows that was obstructed by the foliage when the defendant driver, operating a large dump truck, also came around the curve in the opposite direction. The dump truck tried to avoid the accident by driving in to the foliage and the boy tried to avoid the truck but his bike slid under its rear wheels. The dump truck was being used at an active construction site inside of the meadows. The boy and his family had no knowledge of the construction. The contractor claimed that they took all possible precautions to warn dirt bike riders, and that the boy was trespassing and should not have been in the meadows. Depositions showed that dirt bike riding in the area was very common, and showed many inconsistencies with the defendant driver’s version of the accident. The boy suffered a below the knee amputation of his right leg and multiple fractures of his left leg. He has been fitted with a prosthetic leg, has continued high school, and he will enter trade school in the fall after graduation. The case settled just before trial for $2,000,000., with $1,200,000. funding an annuity which will provide care for the plaintiff for the next 40 years.