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John J Scura III
Avvo
Pro

John Scura’s Legal Cases

6 total

  • Calabrese v. The Mill Restaurant

    Practice Area:
    Personal Injury
    Date:
    Apr 04, 2011
    Outcome:
    $750,000 Recovery
    Description:
    While plaintiff attended her daughter's wedding at defendant The Mill’s restaurant, the father of the groom, fell from the top of the stair case down to the bottom crushing plaintiff, who was at the bottom of the stairs on the landing. The father of the groom claimed that he could not grab the handrails on the staircase due to the garland being wrapped around them. Plaintiff's expert engineer was prepared to testify that having garland completely wrapped around the railings was negligence on the part of the Mill and that stair configuration was defective because of the inadequate tread depth and configuration of the railings being too small and too close to the wall. Plaintiff contended that these factors, combined with Defendant Giuffrida’s negligence, resulted in her injuries. During discovery, plaintiff learned that The Mill had a renovation of the stairs approximately two years before this incident. As a result, various contractors and the architect that performed the renovations were later brought into the case as defendants based upon the claimed defective stair configuration. Plaintiff sustained a compound elbow fracture and shoulder fracture resulting in five separate surgeries: two on the elbow and three on the shoulder. Plaintiff was 73 years old at the time of the accident and retired. She ultimately had a reverse shoulder replacement surgery to help alleviate some of the pain and symptoms on the shoulder due to her initial shoulder replacement surgery not working. Plaintiff obtained a recovery of $750,000.
  • Layode v. City of East Orange

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2005
    Outcome:
    $153,000 Jury Verdict
    Description:
    Plaintiff's house was bulldozed by the City of East Orange while there was a pending tax sale certificate dispute over whether the City had properly taken back title to the property. Plaintiff claimed violation of her constitutional rights. The jury returned a verdict in favor of our client in the amount of $153,000.
  • Giardina v. VanPeenen

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 2009
    Outcome:
    $900,000 Binding Arbitration Award
    Description:
    Plaintiff suffered a compound fracture of her femur, resulting in multiple surgeries. Plaintiff sustained the injuries while a passenger in a Hummer driven by her boyfriend. During an argument the boyfriend negligently drove the Hummer off the road resulting in her injuries. During binding arbitration, the arbitrator awarded $900,000.
  • Passarelli v. Knapp

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 1998
    Outcome:
    $200,000 Jury Verdict
    Description:
    During gall bladder surgery, Plaintiff's cystic duct was cut by the operating surgeon resulting in almost 10 liters of bile into his peritoneal cavity. Plaintiff suffered from Adult Respiratory Distress Syndrome, but did eventually make a recovery.
  • In re Chipman

    Practice Area:
    Chapter 7 Bankruptcy
    Date:
    Jan 01, 2009
    Outcome:
    $1,000,000 Life Insurance Policy Fully Exempted
    Description:
    The proceeds of a one million dollar life insurance policy of a client was claimed exempt and the client's unsecured debt was still fully discharged in a bankruptcy case. The firm represented husband and wife debtors that did not have any assets above the federal exemptions, but both debtors did have term policies naming each other the beneficiary. Tragically, the husband suddenly passed away after the filing of his petition, leaving his wife as the beneficiary of a one million dollar ($1,000,000.00) life insurance policy. The client's bankruptcy schedules were successfully amended, over the trustee's objection, to choose the state exemption scheme, and fully exempt the policy. This allowed the wife to receive a discharge of her debts, which were over $200,000.00, as well as receive the full amount of the life insurance proceeds. It was successfully argued that under the New Jersey state exemption scheme, any proceeds that a debtor receives from a term life policy of a deceased spouse are deemed fully exempted from creditors of both the insured and the beneficiary of the policy. N.J.S.A. 17B:24-6. As a result of the successful argument before the bankruptcy court, the firm's client was able to save her home from foreclosure, wipe out her unsecured debts, and keep her million dollars in insurance proceeds.
  • Murphy v. Fitzgerald

    Practice Area:
    Personal Injury
    Date:
    Nov 28, 2011
    Outcome:
    1.25 Million Recovery
    Description:
    Defendant's vehicle made a left turn directly in front of our client's motorcycle resulting in devastating injuries. The injuries resulted in multiple surgeries involving his leg and shattered vertebrae. The leg was just saved from amputation and a muscle had to be excised from his back to save the leg. Multiple screws and pins were inserted in the leg in order to save it. Client is permanently disabled.