The reporting of this claim is subject to a qualified confidentiality agreement requiring non-disclosure of the defendant Robert Wood Johnson as a defendant. The case reference may be published as
KADUBIC v. MEIZENIS
DOCKET NO. MON- 3969-18
Motorcycle Accident with Ambulance settles for $4.5 million
A motorcyclist colliding with an ambulance having its lights and sirens activated settled on December 10, 2020 during mediation before the Hon. Eugene J. Codey, for $4.5 million dollars after suing the driver for negligence in failing to take proper precautions while entering a controlled intersection.
Synopsis
$4,500,000 RECOVERY-MOTOR VEHICLE NEGLIGENCE- AMBULANCE EN ROUTE TO HOSPITAL WITH LIGHTS AND SIRENS ACTIVATED COLLIDES WITH MOTORCYCLIST AT INTERSECTION- PLAINTIFF SUFFERS CLOSED HEAD INJURY, FACIAL AND ARM FRACTURES AND TRANSVERSE PROCESS FRACTURE
Monmouth County, NJ
The 47-year-old plaintiff motorcyclist contended that as he as proceeding with a green light eastbound on Highland Avenue in Franklin Township, NJ intersecting with Franklin Boulevard he was struck by an ambulance with lights and sirens activated while en route to a local hospital carrying a motorcyclist injured from a different collision. The Plaintiff was thrown from his motorcycle asserting that he suffered multiple facial fractures, fractures of his mandible, left humerus, left articular process, C5-C6 herniated disc, PTSD, loss of consciousness and mild traumatic brain injury secondary to concussion. Plaintiff underwent 5 surgeries.
The incident occurred as the plaintiff was en route to meet his wife at the local Elks Lodge. The plaintiff maintained that as he was proceeding with a green light the defendant ambulance having its lights and sirens activated suddenly entered the intersection resulting in an unavoidable collision. At the time of the collision the ambulance was en route to the local hospital’s emergency room transporting an injured motorcyclist from an entirely different earlier collision. The plaintiff produced an accident reconstruction expert that concluded that the plaintiff could not have avoided the collision.
The defendant, an experienced ambulance driver contended that he had a red light but that he took reasonable precautions by stopping, as required by the law, prior to entering the intersection. The defendant had provided his insurance carrier with a statement indicating that he saw the plaintiff about a block away when he stopped at the intersection but assumed that the motorcyclist would yield to the ambulance.
Upon impact the plaintiff was thrown from his Harley landing on his left side fracturing several facial bones including a comminuted fracture of his left humerus all requiring surgery; and left C7 transverse foramen fracture. In addition, plaintiff suffered a partial hearing loss, PTSD and traumatic brain injury with mild cognitive short-term memory deficits. Despite the traumatic injuries’ plaintiff made a relatively good recovery but continued to experience short term memory loss and mood swings.
At the time of collision, the plaintiff was employed as a private commercial jet pilot and asserted a disputed wage loss. By virtue of his spouse being a state employee, all medical bills were paid by private health care without right of subrogation.
The investigating police officers determined that the plaintiff was proceeding within the 25-mph speed limit and that the motorcyclist’s view was obstructed by reason of several utility and traffic signal poles, trees, bushes, shrubs, fences and cars lawfully parked in their driveway. The inadmissible official police report also indicated that the plaintiff likely could not hear the siren due to the noise of the motorcycle and the direction of the ambulance.
REFERENCE
To establish liability the plaintiffs retained the services of Robert Klingen, of Klingen & Associates , Mahwah, NJ who reconstructed the accident with data and scene measurements relying upon N.J.S.A. 39:4-91(a) which requires that drivers shall yield the right of way to an emergency vehicle when the vehicle is operating with an audible warning device and is equipped with at least one lighted red light visible for at least 500 feet to the front of the vehicle. The statute in paragraph (b) also requires that the “driver of an authorized emergency vehicle is not relieved from the duty to drive with due regard for the safety of all persons, nor shall it protect the driver from the consequences of his reckless disregard for the safety of others.” To further establish liability, plaintiff’s retained the services of Gary Ludwig, of the Ludwig Group, Champagne, IL, a nationally recognized EMS and fire expert witness who referenced the New Jersey statute as well as the Emergency Vehicles Operation Course standards noting that 68% of EMS vehicle accidents occur despite sirens and lights being activated.
Plaintiff’s counsel assembled the usual array of orthopedic records and narrative reports summarized by Cary Skolnick, MD of Medico-Legal Evaluations of Morganville, NJ. For cognitive deficits plaintiff was evaluated by neuropsychologist George J. Carnevale, Ph.D., of Clifton, NJ. finding verbal fluency deficits. Plaintiff’s counsel retained Edmund Provder of Occupational Assessment Services, Inc. Lodi, NJ to test plaintiff and render an employability and earning capacity study.
The case settled on December 10, 2020 during noon-binding mediation before the Hon. Eugene J. Codey, Jr. P.J. JSC. (Retired) for the sum of $4,500,000 representing pain and suffering harms and losses.
Attorney for Plaintiff: Garry R. Salomon and Adam B. Lederman, partners of Davis, Saperstein & Salomon, P.C. in Teaneck, NJ. jointly represented the plaintiffs. Defendant was represented by John A. Camassa, of the Camassa Law Firm, Wall, NJ.
COMMENTARY: The plaintiff was married within a year of the collision date. The newlywed couple enjoyed outdoor activities including scuba diving, flying, hiking, exercise, and extensive and frequent world travel. Noting two prior on the job injuries, two prior back surgeries, surgeries to both shoulders, and high blood pressure defendant argued that plaintiff’s career and earning capacity was cut short by the collision. Defendant’s vocational expert Karen E. Cauthen, MS LCR CSC of AFG Life Care Associates determined that the plaintiff had an earning capacity despite his injuries of up to $100,000 per year. The names of defendant and other identifiers are subject to a qualified non-disclosure agreement.
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