Attorney James P Brady's Legal Cases

Personal injury

M.K. v Grimaldi

Oct 18, 2019

OUTCOME: Settlement after 3 1/2 months of litigation for $325,000.00 of defendants combined single limit policy of $500,00, which had been reduced to insurance available of approximately $435,000

Intersection accident on 10/2/2018. The 89-year-old defendant failed to stop at Stop Sign while traveling at a high speed. The client, M.K. (Florida resident - age 74) was a front-seat passenger and in ... jured. M.K. was admitted to JSUMC & discharged to HealthSouth Rehab, Hospital and discharged on 10/31/2018. PK came under the care of a neurosurgeon, eye doctor, neuropsychologist, nephrologist & orthopaedist. Multiple severe injuries including: fractures of the right zygomatic arch, tempoarl bone, & sphenoid wing; closed fracture at the base of the skull; intracerebral brain bleed & contusions; right occipital hematoma (4mm) with chronic colllection; left occipital subdural hematoma; left temporal epidural hematoma in the left temporal lobe (12mm); left inferior temporal subdural hematoma; various contusions to the face & head; injury to the neck & arms. Residuals included: post-concussive syndrome; pneumocephalus; cognitive impaiment; speech impaiment; memory impaiment; confusion; disorienatation; poor concentration; dyspahagia; difficulties with ambulation & movement of limbs; cognitive deficits including related to speech; impaired mobility & performance of ADLS; blurred vision; floaters, urinary tract infection & temporary renal failure, etc. Case complicated by client's refusal to return to NJ for depositions & defense physical examinations.

Personal injury

P.K. v Grimaldi

May 08, 2019

OUTCOME: Settlement without litigation on May 8, 2019 for $30,000.00

Intersection accident on 10/2/2018. The 89 year old defendant failed to stop at Stop Sign while traveling at a high speed. The client, P.K. (Florida resident - age 79) was driving and injured. P.K. ... was admitted to the CMC & discharged the afternoon of the next day. P.K. continued under the care of a neurosurgeon for 8 weeks & was discharged. Hospital Diagnosis: 1) Traumatic acute left parietal intra-axial hemorrhage of cerebrum 12x9 mm; 2) Traumatic soft tissue hematoma in right temporoparietal region; 3) Traumatic 5 cm laceration of right posterior scalp requiring 11 staples; 4) Traumatic pain in left hip (no fracture). Neurosurgeon Diagnosis: ) Mild cystic encephalomalacia changes of the right frontal lobe; 2) Mild chronic small vessel ischemic white matter disease; and, 3) No intracranial abnormality. No injuries were deemed permanent by any doctor but, P.K. complained of residuals such as headaches, pain and restriction of left hip especially upon exertion, and pain, numbness, & tingling at the site of the stapled head laceration. Florida auto insurance did not cover medical but, medical coverage eventually provided by NJ auto insurance on P.K.'s N.J. mobile home.

Litigation

L.M. v. T. F.

Jan 09, 2019

OUTCOME: Decision for Defendant. Plaintiff's case dismissed.

In February, 2012, defendant’s mother died, leaving defendant a mobile home (worth about $30,000) in the same mobile home park, where defendant and her husband lived. The Mobile Home Park rules require ... d that the owner be 55+ years of age and live in the mobile home. Defendant already lived there in her own mobile home. Rentals were prohibited, but a resident-owner could have roommates that were charged rent by the resident owner living in the mobile home. Defendant needed to rent the mobile home and so transferred title to plaintiff, her son-in-law, for a recited price of $500. The son-in-law pretended to live in the mobile home and introduced two tenants to defendant. The tenants moved in and paid rent to defendant. Son-in-law began to have financial problems due to his first marriage. Defendant was worried about her asset being in the son-in-law's name. Eventually, in September, 2015, title was transferred back to defendant with a recited price of $1,500. Defendant's daughter and plaintiff divorced - proceedings that lasted from early 2016 to early 2018. In the Spring, 2018, plaintiff discovered that the mobile home was for sale. Plaintiff sued defendant for return of title to the mobile home by OTSC, (which was denied), or alternatively, for damages. In the meantime, the mobile home was sold for $35,000. Plaintiff claimed that his name and signature had been forged to the title transfering title back to defendant. Trial was held without a jury before the Hon. Francis Hodgeson, Jr., J.S.C. During trial, it was disclosed, and corroborated, that the mobile home had never been listed as a marital asset during the divorce. Further, defendant had always paid the ground rents to the mobile home park. Plaintiff had no explanation as to why his then-mother-in-law (defendant) would transfer title to a $30,000 mobile home to plaintiff for $500, which all parties concurred was never paid. No handwriting expert testified, although the defense entered exemplars of plaintiff's signature, which were similar to the signature on the title.

DUI and DWI

State v JVT

Jun 27, 2018

OUTCOME: 8/23 DWI - Not Guilty; Refusal - Guilty; Open Cont. - Dismissed. 8/29 DWI - Guilty; Refusal - Not Guilty. Sentence: Fines - $2,153. Suspend DL - 2 yrs. & 10 Yrs (Concurrent); Comm. Serv. - 30 Days; Interlock - 13 Yrs. No Jail.

Client/Defendant was arrested for DWI & Refusal to Take the Breath Test while at a local convenience store on 8/23/2016 & 8/29/2016. These were alleged 4th & 5th Offenses with a potential for one year ... in jail. On 8/23/2016, while investigating a potential DWI, the police let the Defendant go after questioning and advising the Defendant (who was with his brother) not to go out driving thereafter. But, the Defendant (again with his brother) did anyway, and once again, encountered the police at the convenience store and was arrested for DWI. At the police station, Defendant refused to take the breath test. Thereafter, on 8/29/2016, Defendant and his brother went to the convenience store again. The owner of the home, where they had been staying, called the police and alleged that both were intoxicated. The police arrested Defendant for DWI. Again, Defendant refused the breath test. Defendant missed several court appearances partially due to having been in the VA Hospital for an extended period of time. Finally, in April or May, 2017, Defendant appeared in court in response to the charges. I was retained at the end of June, 2017. Discovery was demanded, but several key pieces of evidence to which the defense was entitled were not produced, for example, six (6) officers responded to the scene of Defendant's arrest, but bodycam footage was provided for only two (2) officers. There were other deficiencies in the discovery provided as well. Defendant had a prior history of three (3) DWI offenses (one in Florida in 1987) dating back to 1983. The last NJ offense was in 1985, which was not adjudicated until 2005. Defendant was facing his 4th & 5th DWI charges. After three (3) court appearances (with no appearance by Defendant) and given certain deficiencies in the State's case, it appeared that Defendant's case could be resolved without jail time given the timing of the prior the DWI offenses. Once again, Defendant failed to appear in court and I was relieved as counsel. It seems Defendant went back to the VA Hospital, but didn't bother to tell anyone. In 2018, Defendant retained me again. Finally, the case was resolved applying statutory step-downs.

Personal injury

B.M. v. A. O.

Jan 25, 2018

OUTCOME: Settlement of $90,000.00

Description: In April, 2016, client as going out from her apartment in a house in Seaside Heights to her car at approximately 2:15 a.m. on a cool, dry night. As client started going down the steps f ... rom the front porch, and as client put her right foot on the first step, while holding the rail, client fell forward, tried to grab the rail again to stop the fall, but fell onto the blacktop of the driveway. Taken to the E.R. and released later that morning. Client had recently had back surgery in November, 2015 and at her last doctor's visit in March, 2016 reported that her back pain was gone. On account of the accident, there was a claim for injuries as follows: a) Aggravation of pre-existing lumbar fusion at L4-5 requiring additional surgery for decompression and lumbar laminectomy on November 7, 2016 and additional surgery for the evacuation of a large epidural hematoma over top of the dura and three (3) hematomas in the lateral recesses; b) Abrasion of left hand; abrasion of left knee; abrasion of left ankle; swelling over lateral malleolus of left ankle; contusions and tenderness of chest wall at the level of ribs 4-5; pain and restriction of movement of left knee and left ankle; left ankle sprain; pain of chest and left rib(s); fiberglass splint applied to left leg due to severe pain; plaintiff was provided with and instructed as to walking with a walker; c) Fracture of left fifth metacarpal; application of wrist splint to treat fracture. Plaintiff's liability expert provided an opinion that there was a defect in the top step that caused Client to fall. Defense liability expert provided an opinion that there was no defect and that the manner in which Client stepped from the top step caused the fall. Plaintiff's medical expert provided an opinion that the injuries above were caused by the fall and that the prior back condition was aggravated by the accident necessitating further surgeries. Defense medical expert provided an opinion that back problems were the natural progression of the pre-existing condition.

Workers compensation

M.R. v. Tesss-Com

Jan 08, 2018

OUTCOME: Respondent pays hosp. bills ($40,000 +) & $50,000 to Client (Sec. 20 of WC Statute)

At the end of June, 2015, client is injured lifting and throwing a of wooden pallet at work sustaining inguinal hernia. ER & hernia surgery in beginning of July, 2015 . Surgery was difficult. Client ... had prior hernia. Also, client had pre-existing mild ulcerative colitis that was under control. After surgery, client begins to have increasingly frequent bowel movements with blood in stool/diarrhea. In mid-October, 2015, two months after surgery, client has lost about 60 lbs. and is granted authority by the workers compensation insurance company to go to the hospital, where client is treated for virulent flare-up of ulcerative colitis. After discharge from the hospital, the workers compensation insurance company withdraws authorization for the hospitalization leaving Petitioner with bills in excess of 40.000. At the suggestion of counsel, client submits bills to health insurance company, which refuses because there was no pre-authorization. Ulcerative colitis continues to accelerate in virulence and there are several more hospitalizations that result in the removal of clients bowels, a colectomy, rectal reconstructive surgery and a colostomy bag. Petitioner's expert, an internist in general practice, provides report that given the medical literature, the stresses of surgery can aggravate and accelerate the condition of ulcerative colitis, and thus, it is work-related. Respondent's expert gastroenterologist provides as report that acknowledges apparent causes of accelerated ulcerative colitis, and that surgery can cause a temporary flare-up, but as there is no known cause for the condition in the first place, it cannot be said that the surgery caused the acceleration and aggravation in Petitioner's case. Thus, not work-related.

Personal injury

K. H. v. De Caro

Oct 11, 2017

OUTCOME: $140,000.00 Settlement

Client was a rear seat passenger in defendant's car. When client exited the car, her coat became caught in the door. Immediately, upon the door closing, defendant pulled away without looking to see if ... client was safely away from the car. As she did so, client was pulled & fell to the ground, landing on left shoulder and hitting head. After being dragged for a distance, defendant stopped when another passenger advised that client had fallen. Client taken to ER by husband. Client sustained dislocated left shoulder and full thickness tear of left rotator cuff/ supraspinatus tendon with surgical repair. Client, also, began experiencing dizziness, memory loss, problems concentrating, balance and walking difficulties, altered mental status and black-outs. Admitted to the hospital a month after the accident. Diagnosed with a mild traumatic brain injury in the nature of a left-sided subdural hematoma. Hospitalized for about one month. Cognitive rehab. in hospital. Bleeding on brain receded to pre-accident state. Cognitive deficits continued. Cognitive therapy for six months. Permanency claimed on account of the left shoulder and cognitive deficits. Client's case was complicated by client's pre-existing mental disability in the nature of bi-polar disorder and depression as well as the diagnosis of cerebrospinal fluid on the right side of the brain nine months before the accident. Arbitration Award of $99,000.00.

Personal injury

C.A. v Gallichio

Aug 18, 2017

OUTCOME: Total Settlement of $115,000 - Settlement of $100,000 against driver exiting driveway and $15,000 against uninsured "phantom" driver

Client proceeding in left lane of travel westbound. Unidentified vehicle in right westbound lane waves a car intending to make a right turn exiting from a commercial driveway into the roadway. Vehicl ... e exiting the driveway strikes client's vehicle on the right side and client's vehicle continues west across the eastbound lanes and strikes a utility pole. Client sustained a comminuted bimalleolar fracture and navicular fracture of the right ankle requiring surgery with the implantation of hardware.

DUI and DWI

State v B.R,

May 03, 2017

OUTCOME: DWI, Open Container & Leaving the Scene Dismissed. Plea of Guilty to Reckless & Failure to Report . Fines & 3 month suspension

Client suffered with permanent injuries including traumatic brain injury and broken back from an accident 3 years before is allegedly involved in a minor accident with car trying to pass him on the rig ... ht. Client does not stop for miles as client is unaware that there has been contact and other driver appears to have "road rage." Client on medications. Arrested for DWI, Open Container, Reckless, Leaving the Scene & Failure to Report. Machine testing yields no alcohol. Drug Recognition Expert (arresting officer) determined client to be intoxicated due to medicines.

Litigation

IFS v High Velocity

Jan 13, 2017

OUTCOME: Client Wins. Case Dismissed

Defendant client in Florida (HVAC Contractor) sued for damages, including punitive damages, by Plaintiff NJ company for breach of contract, interference with contractual advantage and interference with ... economic advantage. Client was subcontracted over the internet to perform work at a Hertz facility in Orlando. Dispute over due date of payment led to client seeking assistance of Hertz getting paid. Legally, ambiguities in a contract are construed against the party that prepared the contract, which in this case was the Plaintiff. Allegedly, Hertz discontinued business relationship with plaintiff as a result. Settlement overtures by Plaintiff were rejected by defendant client.

James P Brady's Legal Cases (64)

M.K. v Grimaldi

P.K. v Grimaldi

L.M. v. T. F.

State v JVT

B.M. v. A. O.

M.R. v. Tesss-Com

K. H. v. De Caro

C.A. v Gallichio

State v B.R,

IFS v High Velocity