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Verdict and Settlements

VERDICT
TYPE OF CASE:  LONGSHOREMEN/WORK PLACE ACCIDENT

AMOUNT: $2,284,781.75

Robert Stanicki and James Burke represented a 34 year old longshoreman who was operating a crane which was struck by a ship that broke loose from her moorings.  The operator fell approximately ten stories to the ground but miraculously lived.   He sustained extensive injuries to his face, neck and back.  The investigation and preparation for trial included obtaining actual footage of the crane coming down and photographs of the victim before surgery.  MBS was also instrumental in finding the best doctors in New Jersey to provide treatment and ultimately testify in Court.  Expert witnesses included Dr. Anthony Berlet, a plastic surgeon at 908 Pompton Avenue, Suite A-1, Cedar Grove, New Jersey, Dr. Thomas Helbig, an orthopedist at 61 First Street, South Orange, Dr. Anthony Caputo, an ophthalmologist at 556 Eagle Rock Avenue, Roseland, New Jersey, Bergen Neuropsychology Group at 815 Elm Avenue, Teaneck, New Jersey, Dr. Arthur Rothman, a neurologist at 440 Curry Avenue, Suite B, Englewood, New Jersey.  Robert Stanicki also represented the longshoremen in the companion Longshoremen Workers Compensation Claim.     

SETTLEMENT
TYPE OF CASE:  AUTO ACCIDENT/PEDISTRIAN KNOCKDOWN/CROSS WALK
AMOUNT: $750,000.00

Robert Stanicki represented a 19 year old Springfield resident that was crossing Spring Avenue near the intersection of South Springfield Avenue and Evergreen Place in Springfield, New Jersey.  Luckily, MBS was called within hours of the happening of the accident and our team of investigators obtained photographs of the accident scene and witness statements.  The defense claimed that the victim had been talking on his cell phone and failed to make proper observations of the cars traveling on Springfield Avenue before entering into the roadway.  MBS discovered that the driver of the vehicle had been to a local club meeting that night which featured an open bar.  MBS also found that the driver was taking a number of prescription medications.  Our client made a very good recovery despite having sustained significant injures to his orbital wall and a complete tear of the anterior cruciate ligament; Tear of the medial collateral ligament; Tear of the lateral capsule and avulsion fracture of tibia.  Experts included Dr. Gregory Gallick, 2780 Morris Avenue, Suite 2-C, Union, New Jersey, Dr. Anthony Caputo 556 Eagle Rock Avenue, Roseland, New Jersey, Dr. Daniel Pyo, 131 Madison Avenue, Suite 120, Morristown, New Jersey and Dr. Anthony Caputo, 556 Eagle Rock Avenue, Roseland, New Jersey.

SETTLEMENT
TYPE OF CASE: PRODUCTS LIABILITY/WORK PLACE ACCIDENT
AMOUNT: $800,000.00

Robert Stanicki represented an operator of a sammying machine used to roll and stretch leather hides. The operator had his hand pulled into the machine between two nips points causing a complete degloving injury to his hand.   MBS quickly obtained  an expert to inspect the machine and used the services of the Evidence Store to photograph and video tape the operation of the machine so that it could later be used should the case go to trial.  But for the quick actions of MBS, the sammying machine was about to be sold and shipped to Europe.  Had the machine left the United States, obtaining a recovery in the case would have been  impossible.  MBS was able to obtain consent from the Workers Compensation Carrier for our client to travel out of state to obtain treatment from one of the leading hand expert’s in the United States.  Experts in the case included Louis Howarth of Howarth Engineering Company in New Providence, Dr. Albert Thrower, an orthopaedic surgeon, 202 Elmer Street, Westfield, New Jersey and Dr. James Gardner, a plastic surgeon having offices located at 47 Maple Street, Suite 406, Summit, New Jersey.  Robert Stanicki also settled the companion Workers Compensation claim. 

SETTLEMENT
TYPE OF CASE:  LOSS OF CREMATED REMAINS; FUNERAL HOME NEGLIGENCE/FLOWER STORE NEGLIGENCE/NEGLIGENT HIRING
AMOUNT: $450,000.00. 

Robert Stanicki represented a family that had lost their mother tragically to cancer.  Pursuant to the wishes of their mother, the family had her remains cremated.  A number of weeks after the funeral and cremation, the family inquired about picking up the remains from the funeral home.  A pick up time was set but at the last moment the funeral home decided to close early and left the remains in an unlocked flower room.  The funeral home left a message on the cell phone of the daughter of the decedent that the remains were being left in the room.   After hearing the message, the daughter ran down to the funeral home but could not locate the remains.  After getting the run around from the funeral home, the police were contacted.  It turns out that a worker from a local flower store making a delivery to the funeral home took the remains and discarded them.  The floral worker apparently had an argument earlier in the day with the funeral home and took the remains as an act of revenge.  MBS monitored the criminal investigation and was able to obtain various statements that showed the funeral home had given conflicting versions of the happening of the incident.  Further investigation by MBS uncovered a long criminal history of the floral worker including theft.  The case was mediated with a retired Judge of the Superior Court.   While we were not able to locate the remains, the family was grateful for the efforts of MBS in monitoring the criminal action and insisting with the victim impact statement read to the Court which lead to incarceration of the floral worker along with the monetary settlement against the funeral home and flower store. 

SETTLEMENT
TYPE OF CASE: AUTO ACCIDENT/LIQUOR LIABILITY/DRAM SHOP/DRUNK DRIVER
AMOUNT: $775,000.00

Robert Stanicki represented three elderly occupants of a motor vehicle that was struck head on Route 46 in Wharton, New Jersey by a drunk driver.  A fourth victim died as a result of the accident.  One of the surviving occupants sustained a hip fracture, clavicle fracture, nasal fracture and rib fracture.  The second occupant sustained a contusion to the lung and cervical and lumbar strain and sprains.  The third occupant sustained a fractured clavicle and toe fracture.   

MBS was retained soon after the happening of the accident which allowed us to obtain photographs of accident and the vehicles involved as well as determine the whereabouts of the driver just prior to the accident.  MBS hired two of the leading alcohol experts in New Jersey, Herb Leckie of DWI Consultants at 349 Mountain Road, Box 336, Lebanon, New Jersey and Dr. Robert Pandina, Center of Alcohol Studies Rutgers University.  These experts were critical in developing a case against the bar that served the driver early in the day.  Holding a bar liable for an accident involving a drunk driver is difficult in New Jersey because the plaintiff has the burden to prove that the bar knew or should have known that the patron was visibly intoxicated while at the bar.  The defense contended that the driver exhibited no visible signs of intoxication and that his BAC level was below the legal limit.  Our investigation showed that the driver had a BAC level of .16 or twice the legal limit at the time he was at the bar and this level would have made the driver visibly intoxicated while at the bar.  MBS also obtained the criminal investigation file.  Statements contained in criminal matter contradicted depositions taken in civil matter which forced the defendant bar to settle the case.  The case against the bar was critical because the drunk driver had a limited insurance policy that was tendered in settlement of all of the claims.  The drunk driver had no other assets.  Medical experts included Dr. Richard Schenk, 91 South Jefferson Road, Whippany, New Jersey and Dr. Gregory Gallick, 2780 Morris Avenue, Suite 2-C, Union, New Jersey.

SETTLEMENT
TYPE OF CASE: PREMISES LIABILITY/WORK PLACE ACCIDENT
AMOUNT: $285,000.00

Robert Stanicki represented a salesperson that was moving his car from the company driveway so a truck could make a delivery.  As he went out to his car, he slipped and fell from the driveway onto a loading dock below.   The salesperson fractured his femur.  MBS retained an expert who gave an opinion that a railing should have been installed along the driveway to prevent someone from falling to the loading dock below.  Mr. Stanicki also settled the companion Workers’ Compensation claim.  

SETTLEMENT  
TYPE OF CASE: MOTORCYCLE ACCIDENT
AMOUNT: $290,000.00

Robert Stanicki represented the operator of a motor cycle that was struck by a motor vehicle on the New Jersey Turnpike.  The operator of the motor cycle sustained a fractured skull and thumb. 

SETTLEMENT
TYPE OF CASE: CAR ACCIDENT/WORK PLACE ACCIDENT
AMOUNT: $385,000.00

Robert Stanicki represented a Linden Police Officer that was operating an unmarked police car and was struck broadside by a vehicle that ran a stop sign. The police officer sustained disc herniations in his neck and back and underwent  cervical decompression and fusion.  Mr. Stanicki also settled the companion workers’ compensation claim. 

SETTLEMENT  
TYPE OF CASE: LONGSHOREMEN/WORK PLACE ACCIDENT
AMOUNT: $250,000.00

Robert Stanicki represented a Longshoremen Crane Mechanic that had sustained a  crush injury when a spreader struck his left thumb.  Mr. Stanicki also settled the companion Longshore Workers’ compensation claim.