News & Events

Community Involvement

Two of our employees, Kathy T and Cindy, started a holiday project about 15 years ago by adopting a Youth Shelter in Middx County.  Each year the staff prepares a Thanksgiving dinner for the kids at the shelter and provide Christmas presents as well.   The staff was recently acknowledged at a United Way Dinner.

Recent Wins – Brett Greiner

1) $495,000 – Plaintiff, a minor child, was crossing a three-lane highway. Cars in the first two lanes stopped for him to cross, but he was struck by a vehicle traveling in the third lane. As a result of this incident, the child suffered a fracture of the upper part of one leg and fracture of both bones in the lower part of his other leg. Surgery and hardware were required to repair all the fractures and extensive therapy followed. While the child has made a good recovery, he faces the prospect of surgery in the future to remove the hardware. The case was settled by Brett R. Greiner.

2) $250,000 – A woman coming off the bus slipped on ice breaking her ankle. While it had not rained or snowed prior to the accident, the evidence showed that the ice had formed from a pooling of water in a landscape bed in the area where the passengers were let off the bus. The case was settled by Brett R. Greiner.

3) $450,000 – A Middlesex County woman was leaving her apartment to go to work when she slipped and fell on ice that had formed on the walkway as a result of snow melting and refreezing. While the defendant argued that they had acted reasonably under the circumstances, the evidence showed that this was a recurring problem that they were aware of. The woman sustained a displaced ankle fracture that required a plate, screws and pinning. The matter was tried by Brett R. Greiner.

4) $225,000 – A woman was walking from her car to the WalMart store where she worked and was caused to fall on a patch of ice that formed as a result of compactions by vehicular traffic. The owner of the property had hired a snow removal contractor who claimed to have been on site at the time of the fall spreading salt, but the conditions belied his assertions. The woman suffered a mid-shaft tibia fracture that required the insertion of a rod. The matter was settled by Brett R. Greiner.

Recent Wins – Alex DeSevo

1) $300,000 – Plaintiff slipped and fell and sustained a significant knee injury. As a result, plaintiff underwent arthroscopic surgery for her knee and it was feared she would need additional surgeries. Plaintiff was able to go back to work but required extensive physical therapy.

It is always difficult to settle a case when there are two defendants may be negligent. It is hard enough to get two insurance companies to agree on a value of a case. It is sometimes even more difficult to resolve the liability split or blame for the accident between two defendants, or two insurance companies.

In this particular matter, Levinson Axelrod was able to settle the case by getting the defendants – their insurance companies – to agree on their respective blame for the happening of the accident. Attorneys for victims focus the case on the blame between two defendants and the insurance companies try to blame the victim for the accident. Here we were able to get the two insurance companies to agree on the value and proportion of the responsibility between all parties. Alex DeSevo settled this matter.

Recent Wins – Kenneth Harrell

1) $275,000 – Lawsuit on behalf of a man who was attempting to enter a McDonalds. The door he intended to use was locked and should not have been. He attempted to navigate to the other door in spite of ice covering the sidewalk. He slipped and fell, injuring his shoulder. Case was handled by Kenneth Harrell, Esq.

Defendants denied that they were responsible for the happening of the accident and claimed that the plaintiff was not careful when using their facility. During the deposition, the defendant’s representative admitted that the back door should have been unlocked and another representative admitted that the employees had no ice melting material on hand to deal with the conditions.
Plaintiff sustained a shoulder injury that eventually led to a surgery. The plaintiff did not have a good result from the surgery. The defense contended that the result from the surgery was good and provided a surveillance video of the plaintiff to suggest he was not having continuing problems. Harrell obtained all of the medical records and a report from the treating orthopedic surgeon and a second opinion from an orthopedic surgeon documenting the seriousness of the injuries. Harrell provided the video to the orthopedic surgeon, who said that plaintiff’s injuries were demonstrated by the video in that he could not lift his arm above 90 degrees.

Faced with overwhelming evidence of liability and damages, defendant’s insurance company agreed to an arbitration, at which time the plaintiff was awarded $275,000.

2) $375,000 – Plaintiff suffered a back and neck injury in an accident caused by another car that rear ended her. Plaintiff was diagnosed with a disc herniation in her lower back and a disc bulge in her neck, as well as radiculopathy in her lower and upper extremities. The lawsuit was handled by Kenneth Harrell, Esq. and the jury returned a verdict of $375,000.

The insurance company took the position that plaintiff had no injuries from the accident. In order to prepare plaintiff’s case, Harrell obtained all the medical records and had the plaintiff evaluated by an orthopedic spine specialist that described the plaintiff’s condition and why it was caused by the accident.

The insurance company retained a “hired gun” expert to offer the opinion that the plaintiff’s MRI’s were normal, and that only a temporary injury occurred as a result of the accident.

The jury determined that the plaintiff had a permanent injury as a result of the accident and awarded her $375,000.

3) $483,589.47 – Plaintiff suffered neck, back, shoulder and knee injuries as a result of this serious accident. Plaintiff was diagnosed with two disc herniations in her neck, which necessitated surgery. She also had shoulder and knee surgery as a result of her injuries. The case was handled by Kenneth Harrell, Esq. and the defendant tendered their entire remaining policy of insurance of $483,589.47.

Recent Wins – James Dunn

1) $250,000 – This is a 78 year old Hillsborough woman who was awarded $250,000.00 as a result of a Somerset County Trail. At trial it was alleged that as a result of a motor vehicle accident, the plaintiff sustained a fracture to the neck. The plaintiff elected not to have surgery, but continued to complain of ongoing neck pain. At trial the treating neurosurgeon testified that although the fracture has stabilized and partially healed, it is expected that the plaintiff will continue to have pain in the future. The case was a tried by James Dunn of our Hillsborough Office.

2) $300,000 – Settlement reached for a New York resident who was visiting New Jersey and was impacted by a vehicle that lost control. As a result of the impact, plaintiff sustained injuries to the back. He previously had back surgery over 20 years before the accident and was doing well. As a result of the impact in this case, he developed severe back pain, necessitating a significant back surgery.

The insurance company representing the defendant who caused the accident offered their full $100,000 policy. Plaintiff has purchased an additional $200,000 worth of underinsured motorist coverage. Due to the severe injuries he sustained, they offered all of their remaining policy for a full settlement in this matter of $300,000. James J. Dunn handled the matter for Levinson Axelrod.

Recent Wins – Tara Johnson

1) $300,000 – On January 28, 2005, two female students at Franklin Township School were strip searched by the school nurse at the direction of the interim superintendent. The circumstances of the strip search arose from a belief by the administration that the students were involved in the theft of a nominal amount of money from teachers. The students were questioned, their belongings were searched, and then they were eventually escorted by the superintendent to the nurse’s office. While there, they were ordered to stand behind a curtain where they they were asked to remove their clothing and undergarments, which exposed their bodies, so that the nurse could see if they were hiding any money. Following the search, no money was ever found.

Both female students brought suit against the defendants in the case, including both state and federal 1983 claims, asserting that their 4th amendment constitutional rights were violated by the unlawful search. Both students were embarrassed and humiliated by the search, and were under the assumption at the time that their parents were notified and consented to the search. The parents were never notified prior to the search, nor were the police advised. The administration handled the matter in-house, which gave rise to the unlawful strip search.

The case was handled by Ronald B. Grayzel and Tara L. Johnson of Levinson Axelrod.
The case settled for $300,000, which included compensation for all claims, costs and counsel fees.

2) $275,000 – A motor vehicle accident occurred in Manville on May 13, 2008 just after noon that day. The Plaintiff was walking in a marked crosswalk on Main Street in Manville when she was struck by the Defendant. As a result of the accident, she sustained serious neck and back injuries, and ultimately required neck surgery. The case settled for $275,000, and was handled by Tara L. Johnson out of the Hillsborough office.

Recent Wins – Rich DelVacchio

1) $295,000 – The plaintiff was a pedestrian who was injured when he was struck by a motor vehicle while crossing Ferry Street, Newark, N.J. Plaintiff suffered a fractured femur with fixation. Defendant disputed liability for the accident. The case was handled by Richard DelVacchio, Esq. – matter settled while scheduled for trial in Essex County.

2) $450,000 – This 39-year old Plaintiff suffered serious neck injuries when her vehicle was rear-ended while she was stopped at a traffic light in Elizabeth, New Jersey. She was hospitalized and required a cervical fusion. The case was handled by Richard DelVacchio, Esq. – matter settled during jury selection in Union County.

3) $300,000 – This 27-year old construction worker fell off ladder sustaining injuries to his groin area. He was diagnosed with a non-operative urethra stricture requiring the use of a catheter for an extended period of time. The case was handled by Richard DelVacchio, Esq. – matter settled during mediation proceedings.

4) $489,000 – This was an automobile case in which the tortfeasor ran a red light causing the collision. Client suffered a closed head injury with a normal MRI of the brain, but with significant memory loss and cognitive impairment that required neuropych treatment and rehabilitation. D had approx $489,000 remaining on the $500,000 policy limit. Case was settled for the D’s policy limits while scheduled for trail in Hunterdon County.

Recent Settlement – $350,000

A 46 year old retired police officer was in traffic on the Garden State Parkway and rear ended. The force was so hard that the Plaintiff hit the vehicle in front of him. He sustained serious injuries to his neck, which included 2 herniated discs. The Plaintiff tried conservative treatment, which included chiropractic care, epidural injections, and physical therapy with no long lasting relief. Due to the unrelenting pain, the Plaintiff underwent cervical fusion. This matter was handled by Kimberly Gozsa.

Workers’ Compensation Highlights

1) An employee of a Workers’ Compensation insurance company came to us after he suffered nerve damage to both of his arms due to a poor workstation and repetitive typing for two years. The carrier had originally denied that the injury arose out of the course of his employment as a Workers’ Compensation adjuster. Ultimately, he was provided surgery on both arms, and Levinson Axelrod was able to get him a settlement in excess of $27,000 at the Lebanon Workers’ Compensation Court, with the right to reopen his claim for two years should he need additional medical treatment and the right to return to the Workers’ Compensation Court should his injuries get worse.

2) A worker came to us following a fall during the course of his employment. His employer originally treated his injury as a broken thumb, and refused to provide additional care, or pay temporary disability while he was out of work. Through the efforts of Levinson Axelrod, the worker was sent to more appropriate physicians who felt that he needed significant surgery to cure and relieve the effects of his injury, and the Workers’ Compensation carrier was compelled to provide same pursuant to the New Jersey Workers’ Compensation statutes. When his treatment was completed, we were able to work out a settlement which would provide the worker with benefits equivalent to 40% of the statutory hand plus 6% partial total for psychiatric residuals of this injury, with the right to reopen his claim at the Mt. Arlington Workers’ Compensation Court.

3) An electrician slipped and fell during the course of his employment resulting in the Workers’ Compensation carrier providing a fusion surgery to his neck. Following significant negotiations which were aided by a Judge of Workers’ Compensation in Mt. Arlington, Levinson Axelrod was able to arrange a settlement for the electrician in excess of $70,000 with the right to acquire additional medical treatment for his neck for two years, and the right to reopen his claim should his disability get worse.

4) A college student, home for the Summer, injured his shoulder while working for a cable company. Amazingly, the employer denied that he was an employee, and if he was, that his injury did not arise from the course of his employment. Following a Motion for Medical and Temporary Benefits, Levinson Axelrod was able to secure medical treatment and temporary benefits for the injured worker, with a determination of the nature and extent of his injury reserved for when he reaches his maximum medical improvement.

Recent Workers’ Comp Settlements

1) A teamster/driver settled his workers compensation case with Interstate Baking Corp. for 100% disability as a result of spinal injuries sustained in a fall. The petitioner will receive $590.15 a week for life as a result of the settlement negotiated by Rich Marcolus.

2) A custodian will receive a settlement of $78,000.00 as a result of a neck injury sustained in a fall at work. The claimant suffered a neck injury that necessitated surgery but was able to return to work. The injury was challenged by the insurance company as not being related to the fall at work. Rich Marcolus settled the case on behalf of the petitioner.

3) A union carpenter will receive a $130,000.00 settlement as a result of a settlement negotiated by Rich Marcolus. The petitioner fell off scaffolding resulting in his needing hip and shoulder surgery.

4) A volunteer firefighter settled his workers compensation case for $126,000.00 as a result of negotiations by Rich Marcolus. The volunteer firefighter injured his back rescuing a passenger in a motor vehicle accident. He needed back surgery that has restricted his ability to work as a volunteer fireman.

5) A construction worker who fell of a ladder and fractured his ankle settled his case for $77,000.00 as a result of negotiations by Rich Marcolus. There was an issue of insurance coverage as the workers employer was not insured on the date of the accident.

6) A union carpenter settled his case against Great Adventure for $85,000.00 as a result of injuries he sustained while driving a golf cart. The carpenter suffered knee and foot injuries. Rich Marcolus negotiated the settlement for the carpenter.

7) A sales woman who fell down a flight of stairs at work injuring her back settled her case for $85,000.00 in a negotiated settlement by Rich Marcolus.

8) A union carpenter settled his case for injuries sustained in a fall off scaffolding for $108,000.00. The carpenter required knee and shoulder surgery but was able to return to work. Rich Marcolus negotiated the settlement.

9) A union carpenter settled his workers compensation case for total disability in a settlement negotiated by Rich Marcolus. The carpenter required back surgery and was not able to return to work. He will receive $650.00 per week for life.

10) A union laborer settled his case for $191,880.00 as a result of facial injuries sustained when a saw he was using kicked back and struck him in the face. Rich Marcolus settled the case for the petitioner.

11) An estimator settled his workers compensation case for injuries sustained in a fall for $74,800.00 in a settlement negotiated by Rich Marcolus. The claimant suffered an alleged head injury.

12) A union carpenter settled his workers compensation case for $90,000.00 as a result of a head injury sustained in a fall off scaffolding. Rich Marcolus negotiated the settlement.

13) A service rep settled her case for over $150,000.00 as a result of negotiations by Rich Marcolus. The petitioner required back surgery as a result of her work related injury.

14) $207,840 settlement for a worker who was injured in a motor vehicle accident resulting in complex surgeries to his neck and back. Todd Wachtel handled the Workers’ Compensation matter, and the clients’ lawsuit against the driver of the car is still pending.

15) $150,000 settlement in additional Workers’ Compensation benefits for a worker who was killed while walking outside her job, while on her lunch break. Todd Wachtel handled the Workers’ Compensation matter, while the primary recovery was made against the driver who hit her.