John G Mennie's Legal Cases (5)

Car accident

Bus Driver Recovers $475,000 For Shoulder Injury from a Car Accident

Aug 05, 2013

OUTCOME: Recovery

The plaintiff, Cynthia Brasile-Mazza, was involved in a car accident on October 15, 2010 in Vernon Township, New Jersey at about 6:24 a.m. The plaintiff was a forty-five (45) year old bus driver and m ... other of three (3). She was taking eleven (11) year old daughter, Danielle, to school and then was going to proceed to job as a bus driver when the defendant, Paul Antola, who was driving a 2004 Toyota Camry slid on some wet leaves directly into the plaintiff’s lane of travel causing a head on crash between the vehicles. Seeing the accident occurring, the plaintiff reached over with her right arm to protect her daughter causing a significant rotator cuff tear and full thicken tear of the bicep tendon. The plaintiff had two (2) surgeries to try to repair the extensive damage to her right shoulder. Despite the surgical attempt to repair the damage, plaintiff is left with significant scars and limitations and restrictions of her shoulder. The defendant had a $500,000.00 policy with New Jersey Manufacturers. After several years of litigation and discovery a trial was set to begin on August 5, 2013 before Judge Bauman in Monmouth County Superior Court. The case settled prior to jury selection for $475,000.00. John G. Mennie, Esq. of the Law Firm of Schibell, Mennie, & Kentos, L.L.C. represented the plaintiff, Cynthia Brasile-Mazza. Patrica Adams, Esq. of Campbell Foley Delano & Adams represented the defendant, Paul and Jane Antola.

Car accident

$500, 000 Verdict for Verbal Threshold case

N/A

OUTCOME: Jury returned a verdict of $500,000.00. * 15-150 high low was agreed to by the parties.

The Plaintiff, Pasquale Pontoriero, was a twenty-seven (27) year old lawyer on his way to work in Warren Township when he was struck in the rear by the defendant, Madhu Aiyappen on September 15, 2008. ... The Plaintiff alleged that he sustained a cervical sprain and herniated disc in his lumbar spine at L5-S1. He underwent four (4) months of physical therapy. Two years after the accident, he had one steroid epidural injection. The defendant stipulated liability. The case proceeded to a damage trial before Honorable Paul A. Kapalko. The defendant contended through their defense medical expert, Dr. Kevin Egan, that the only injury that the Plaintiff sustained was temporary sprains and strains which resolved within several months of the accident. The Plaintiff conceded that the cervical sprain was temporary but, contended that the lumbar disc herniation is permanent and has resulted in some continuing intermittent back problems and symptoms. Plaintiff did not miss any time from work and did not make a wage loss claim. The Plaintiff after the accident married and started a family and indicated that his ability to help lift and care for his child has been affected as a result of his back injury. The Defendant who is insured through Liberty Mutual Insurance offered $15,000.00 and never moved from that offer throughout the trial. The jury rejected the testimony of Dr. Kevin Egan whose Plaintiff’s counsel exposed as an extremely bias and untruthful medical witness. The jury returned a very just verdict for the Plaintiff in the amount of $500,000.00. The Plaintiff was represented by John G. Mennie, Esq. of the Law Firm of Schibell, Mennie, & Kentos, L.L.C. with offices in Ocean Township and Howell Township, New Jersey. The Defendant was represented by Lynn Hershkovits-Goldberg, Esq. of the Law Firm of Baumann & Viscomi.

Personal injury

$50,000 Recovery - Fall Exiting Bus - Torn Medial Meniscus

N/A

OUTCOME: The case settled after the plaintiff’s deposition for $50,000.00.

Plaintiff, Elaine Critelli, received a $50,000.00 recovery for knee injuries in a fall which occurred on June 17, 2009. The plaintiff had went to Atlantic City with some friends. The bus picks senior ... citizens up and drops them off at the Foodtown located in Whiting, New Jersey. The plaintiff exited the bus at the Foodtown and walked approximately five (5) steps and tripped and fell on an approximately 3" elevated portion of the sidewalk falling directly onto her knee. The plaintiff did not report the injury initially. She did go into the Foodtown and the defendants have a surveillance tape of her shopping in the store while she waited for her ride to pick her up. Plaintiff’s counsel argued that the surveillance video does show her lifting up her pant leg at one point and rubbing her knee consistent with her sustaining a knee injury. Over the next couple days, the seventy-two (72) year old plaintiff’s knee swelled and became black and blue. She went to an orthopedic surgeon, Dr. Robert Grossman, an ultimately had a MRI which showed a torn medial meniscus. Plaintiff underwent physical therapy. She never had the recommended surgery due to other complications including Non-Hodgkin’s Lymphoma diagnosis and multiple bouts of Cellulitis. The case settled after the plaintiff’s deposition for $50,000.00.

Car accident

$690,000.00 Recovery For One Vehicle Rollover Accident

N/A

OUTCOME: The case settled after the Mediation proceeding for $690,000.00.

On New Years Eve, December 31, 2009, at approximately 7:00 a.m., Jim Farmer, a 41 year old Regional Sales Manager and father of 3, was on his way to work on the Garden State Parkway. It had been snowi ... ng that morning and was snowing at the time of the accident. As the plaintiff was proceeding northbound on the Parkway near mile marker 97.8 in Wall Township he alleges he was cutoff by an unknown vehicle which entered his lane causing the plaintiff’s 2008 Toyota Tacoma Pickup Truck to go into a 360 degree spin striking the guardrail and flipping over several times on its roof. There was no contact between plaintiff’s vehicle and the unknown vehicle and that vehicle never stopped nor was it ever identified. There was also no witnesses to the accident. The plaintiff pursued an uninsured claim against the insurance carrier insuring his employer’s pickup truck that he was in at the time of the accident. The insurance carrier defended on the basis that the accident did not and could not happen the way the plaintiff says that it happened and that his own negligence in traveling too fast and not controlling his vehicle on a snowy and icy road is what caused the accident. In the rollover accident the plaintiff sustained a serious foot and ankle injury including left open ankle fracture, left calcaneus fracture, along with a severe laceration to the dorsum of the foot and the structures of the foot. He required multiple procedures from an orthopaedic surgeon, vascular surgeon and plastic surgeon to repair the damage to his foot. The plaintiff did make a substantial recovery from the initial injury but is left with permanent drop foot, loss of sensation and loss of muscle power in his left foot and ankle along with substantial scarring. The case proceeded to Mediation before Judge Bette Uhrmacher on February 29, 2012. The case settled after the Mediation proceeding for $690,000.00.

Slip and fall accident

$800,000 Recovery - Slip and Fall on Black Ice

N/A

OUTCOME: The case settled prior to trial for $800,000.

The 36-year old plaintiff contended that as he was walking with his girlfriend in front of the defendant fast food restaurant at approximately 6:00 p.m. in Jan, he slipped and fell on black ice, suffer ... ing two lumbar herniations. There was no precipitation during the several days leading to the time of the fall. The plaintiff contended that because of melting and refreezing of nearby snow and ice, black ice was a danger and that the defendant should have properly place deicing chemicals to combat this hazard. The defendant maintained that it had taken reasonable steps to deal with the icy condition and had placed salt and deicing material down when they opened up earlier in the day. The plaintiff would have presented responding EMT workers who would have attested to a very icy condition. The plaintiff would have maintained that it was clear that the defendant did not take adequate measures to reduce the danger. The plaintiff contended that he sustained herniations at L4-L5 and L5-S1 that were confirmed by MRI. The plaintiff maintained that when the radiating pain and weakness continued despite conservative care, he underwent initial surgery.The plaintiff asserted that this first surgery did not provide improvement and that he ultimately underwent a two level lumbar fusion. The plaintiff contended that although the surgery provided improvement as to the pain, he will nonetheless permanently suffer some permanent pain and extensive restriction. The evidence disclosed that the plaintiff had a very spotty work history and was not working at the time of the incident. The plaintiff contended that when working, it had always been in a physical capacity. The plaintiff maintained that his talents, inclinations and educational level geared him towards physical work. The plaintiff contended that because of the injuries, he is very limited in the work he can perform, and that his ability to improve himself is very restricted because of the injuries.

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