Largest Reported NJ Personal Injury Settlement during the Court’s 2022-2023 term

Man’s Leg Crushed in Tow Truck Accident – $950,000 Settlement

A 47-year-old man’s right leg was crushed when a tow truck improperly secured his car to its flatbed, causing the car to roll off the bed and land on the man’s leg. Davis, Saperstein & Salomon, P.C. Partner Garry R. Salomon filed suit in the Superior Court of New Jersey, Essex County, proved the towing company’s employee acted negligently, and secured our client a $950,000 settlement.

When his car would not start, the man dispatched the towing company to his house in Newark, New Jersey. The company loaded the car onto the towing truck’s flatbed, but failed to properly secure the car. The truck was on an incline, so the 3500-pound Buick began to roll off and landed on the man, who was standing nearby. He was taken by ambulance to UMDNJ University Hospital in Newark, New Jersey.

The client suffered a broken leg, more specifically, a bicondylar tibial plateau fracture in his right leg, which required the placement of an external applicator, a fasciotomy with irrigation, debridement, and closure of his wounds, and an open reduction internal fixation (ORIF) procedure. After his surgeries, he attended physical therapy and remained wheelchair-bound for months. He also struggled with depression and post-traumatic stress disorder (PTSD).

Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of our client’s injuries. Their reports helped show our client’s entitlement to financial compensation for his loss in income, medical bills, and pain and suffering. The firm also retained an economics expert to assess the financial loss suffered by our client. The expert determined that the accident reduced his total future earning capacity by several hundred thousand dollars because he was not able to return to his work as a USPS tractor trailer driver.

Partner Garry R. Salomon also hired a towing expert to assess liability in this case. The expert found that the towing company was negligent in failing to properly train their employees. He determined that a trained tow truck operator would have seen that the cable holding the car to the flatbed had detached, and also would have secured the area near the truck by checking that no one could be in harm’s way. Because the operator hadn’t done these two things, the expert found that the company was liable for the accident.

With the support of these experts, Partner Garry R. Salomon persevered and secured our client compensation for his pain, injuries, and suffering.

Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.


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Medical Glossary:

Bicondylar Tibial Plateau Fracture: A type of broken bone that occurs in the upper surface of the shinbone (tibia) just below the knee joint. It involves the fracture of both condyles, which are the rounded ends of the bone that articulate with the thigh bone (femur). This type of fracture can cause significant pain, swelling, and instability in the knee, and usually requires surgical intervention to realign and stabilize the fractured bone.

External Applicator: A device or tool used in medical treatments to apply something to the outside of the body. It is designed to be placed on or attached to the skin or a specific body part. External applicators can be used to deliver medications, such as creams or ointments, or to apply other substances like heat or cold therapy to help relieve pain or promote healing.

Fasciotomy: A surgical procedure performed to relieve pressure and prevent damage to muscles and other tissues caused by compartment syndrome. Compartment syndrome occurs when there is increased pressure within a closed space, such as the muscles of the arms or legs, which can restrict blood flow and damage the tissues. During a fasciotomy, the surgeon makes an incision in the affected area to release the pressure and allow proper blood flow, helping to prevent further harm and promote healing.

Open Reduction Internal Fixation (ORIF): A surgical procedure used to treat a broken bone that cannot be set or aligned properly without making an incision. During ORIF, a surgeon makes an open incision to realign the fractured bone fragments. The bone is then stabilized and held together with the help of screws, plates, rods, or other devices placed internally to facilitate proper healing.

Post-traumatic stress disorder (PTSD): A mental health condition that can develop after a person experiences or witnesses a traumatic event. It can occur after events like natural disasters, accidents, or violence. Individuals with PTSD may experience symptoms such as flashbacks, nightmares, anxiety, and difficulty sleeping, which can greatly impact their daily lives.