OUTCOME: Favorable appellate court ruling, reinstating vicitm's cause of action.
Mr. Zamost was counsel for the victim, a nurse who claimed exposure to toxins from a degraded HVAC filter, in this important appellate decision outlining the circumstances in which an insurance carrier... can be deemed liable in bad faith for failing to defend or provide coverage for the loss.
Medical malpractice
Anderson v. Moskowitz, Docket # BUR-L-000176-05
Sep 25, 2007
OUTCOME: $2.7 million [$2,696,784] Verdict in favor of plaintiffs
In September 2007, Mr. Zamost obtained a $2.55 million jury verdict for a woman who sustained a partial vision loss in an optometric malpractice case, involving a delay in treating the patient's progre...ssively detaching retina. The jury awarded $2.5 million to the victim of the medical malpractice for her pain and suffering, disability and impairment and enjoyment of life losses, plus $50,000 to her husband, for his loss of consortium. With court-imposed interest, the judgment totaled $2.7 million. This verdict for unliquidated damages for the partial vision impairment to one eye is among the largest medical malpractice verdicts of its kind nationwide.
OUTCOME: Jury Verdict in favor of plaintiff in landmark product liability case upheld on appeal to Appellate Court and upheld on appeal to NJ Supreme Court
Mr. Zamost obtained a substantial jury verdict for a carpenter injured by a defective circular saw in this important product liability case. Mr. Zamost successfully argued to uphold that verdict befor...e both the NJ Appellate Court and also before New Jersey's highest court, the NJ Supreme Court. This case established significant precedents regarding state-of-the art doctrine, comparative negligence and other principles of tort law, evidence law, civil procedure and constitutional law. The duration of this case spanned a decade, the accident having occurred in 1990, the trial in 1996, the appellate process having concluded in favor of Mr. Zamost's client in 2000, and the judgment of approximately $240,000, with interest, having been paid by the Skil Corporation in 2001. The plaintiff sustained the traumatic amputation to the tip of the 5th toe of the right foot. The Skil Corporation made no settlement offer, requiring this trial by jury.