News & Events
Recent Wins – Tara Johnson
1) 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) 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 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.
Recent Wins – Rich DelVacchio
1) $295,000.00 Settlement – 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) $450,000.00 Settlement – 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) $300,000.00 Settlement – 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.
