Defense Verdicts

• No cause defense verdict in damages-only wrongful death trial.  Wrongful death trial in 2005 in Middlesex County.  One-car accident resulted in death of our client's passenger, a 48-year-old man.  Liability was stipulated.  29-year-old daughter of the decedent sued our client.  Since the decedent's wife died from a medical condition two months before his automobile death, the 29-year-old plaintiff lost both her parents in a span of two months.  Green v. Bittner economic damages and future wage losses in excess of $800,000 went on the board with plaintiff's economic expert.  No defense economic experts were called.  The jury rejected the entire amount of the Estate's alleged economic losses, returning a verdict of “no damages.”  There was no appeal.  Defense attorney: Steve Rudolph.   

• No cause defense verdict on liability in wrongful death trial.  Wrongful death trial in 2006 in Ocean County.  38-year-old plaintiff/decedent was electrocuted at work.  Decedent was survived by his wife and three young children.  Decedent's estate sued his employer under the Laidlow worker's compensation “intentional wrong” exception to the worker's compensation bar.  Our client was a manufacturer of high voltage electronic equipment.  Jury heard about our client's OSHA violations and subsequent remedial measures.  Green v. Bittner economic damages and future wage losses went on the board with plaintiff's economic expert.  No defense liability or medical experts were called.  The jury returned a defense verdict on liability, determining that our client's conduct was not “substantially certain” to cause death or serious injury to their employee.  There was no appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on proximate cause in brain damage trial.  Damages-only automobile negligence trial in 2006 in Morris County.  After the accident, female plaintiff in her 30's diagnosed with Chiari Malformation, a brain disorder.  Plaintiff underwent “Chiari” brain surgery, which required the complete surgical removal of the C1 vertebrae and the complete removal of a three-inch circular section of the back of plaintiff's skull.  Four different neurosurgeons for plaintiff testified that the accident aggravated her preexisting brain condition and the brain surgery was medically necessary and causally related to the accident.  No defense medical experts were called.  The jury returned a defense verdict, determining that plaintiff's brain condition and her brain surgery was not related to the automobile accident.  There was no appeal.  Defense attorney: Steve Rudolph. 

• No cause defense verdict on liability in brain damage trial.  Slip and fall trial in 2005 in Mercer County.  Plaintiff slipped on a puddle of liquid in bathroom at work and struck the back of her head as she hit the floor.  Brain damage from Chiari Malformation brain condition.  Brain damage worsened to the point that the female plaintiff in her 40's was in a wheelchair during trial.  Plaintiff was permanently disabled and receiving Social Security disability benefits.  Our client was a large commercial property owner who owned this property.  Plaintiff alleged brain condition and need for brain surgery was caused by the head trauma.  No defense liability or medical experts were called.  The jury returned a defense verdict on liability, determining that our client's conduct was not negligent.  Plaintiff's new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.      

• No cause defense verdict on liability in tractor-trailer accident.  Tractor-trailer accident trial in 2003 in Atlantic County.  During a snowstorm, our client drove his tractor-trailer into the rear of a small car that was stopped at a light, injuring the driver and passenger.  Plaintiff's car was totaled.  One plaintiff, age 23, had lumbar and shoulder surgeries and the other plaintiff, age 22, had cervical and knee surgeries.  Our client testified that he was driving reasonably but could not stop his tractor-trailer because of the snow and ice.  His tractor-trailer slid into the rear of the stopped car.  No defense liability or medical experts were called.  Our client was an employee of a large tire manufacturer.  The jury returned a defense verdict on liability, determining that our client did not drive his tractor-trailer negligently.  Plaintiff's new trial motion was denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on liability in brain damage trial.  Motor vehicle/pedestrian accident trial in 2007 in Middlesex County.  Male plaintiff, age 45, was walking across Route 18 when he was struck by our client, who was driving an SUV.  Plaintiff was walking in the crosswalk and he claimed he had the green light at the time of the accident.  Our client claimed he had the green light and plaintiff darted out into traffic against the light.  Plaintiff was thrown 55 feet through the air and sustained massive head injuries.  Plaintiff was in a coma for 35 days and sustained more than 10 skull fractures, bilateral orbital fractures and fractures at C6, C7, and T1.  Plaintiff had complete vision loss in his left eye and 20 post-accident seizures.  In the hospital, plaintiff was read his “Last Rights.”  Plaintiff's expert testified that plaintiff will never be able to live independently and will need constant medical attention for the rest of his life.  No defense medical experts were called.  The jury returned a defense verdict on liability, determining that our client did not drive his car negligently.  There was no appeal.  Defense attorney: Steve Rudolph.
  
  
• No cause defense verdict on proximate cause with lumbar fusion surgery.  Damages-only uninsured motorist (UM) trial in 2008 in Monmouth County.  27-year-old female plaintiff was rear-ended by an uninsured driver.  Liability stipulated.  Plaintiff has "zero" threshold.  Plaintiff taken to the ER with low back complaints.  Plaintiff eventually had lumbar fusion surgery with cages and hardware.  Plaintiff had no prior accidents or low back injuries.  Plaintiff used two orthopedic experts who testified that plaintiff's low back fusion was caused by the accident and was permanent.  The defense called no medical experts.  The jury returned a defense verdict, determining that none of plaintiff's injuries or surgeries were related to the motor vehicle  accident.  There was no appeal.  Defense attorney: Steve Rudolph. 

• No cause defense verdict on proximate cause with two lumbar surgeries.  Rear-end hit.  Liability stipulated.  Damages-only automobile negligence trial in 2004 in Monmouth County.  Female plaintiff in her 20's with a speech impediment had two lumbar surgeries, the second a fusion surgery with cages.  Plaintiff married with two infant children.  Plaintiff's car totaled in the accident.  Defense used a neuroradiologist to dispute MRI findings.  The jury returned a defense verdict, determining that plaintiff's injuries were not related to the motor vehicle accident.  Plaintiff's new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on proximate cause with cervical and lumbar fusion surgeries.  Damages-only automobile negligence trial in Middlesex County in 2003.  Rear-end hit.  Liability stipulated.  Male plaintiff in his 30's underwent cervical fusion surgery and lumbar fusion surgery.  Plaintiff totally disabled as a result of the accident and receiving Social Security disability.  Plaintiff unable to return to work.  Plaintiff's economic expert put more than $800,000 in economic losses on the board.  Defense used a neuroradiologist to dispute the MRI findings.  The jury returned a defense verdict, determining that plaintiff's injuries and surgeries were not related to the motor vehicle accident.  Plaintiff's new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• $60,000 (total) wrongful death verdict for four survivors.  Wrongful death trial in 2003 in Monmouth County.  One-car accident where plaintiff/decedent was a passenger in our client's car.  Our client was cited for DWI and served three years in prison for vehicular homicide.  Plaintiff/decedent, a 21-year-old female, was a full-time college student majoring in Religion at the time of her death.  Plaintiff/decedent was survived by her father and three younger siblings, all of whom were on the verdict sheet as beneficiaries of her Estate.  Plaintiff/decedent's mother had died at age 34 from cancer when the plaintiff/decedent was only 9 years old.  Plaintiff's economic expert testified about Green v. Bittner economic damages, loss of future earnings and other pecuniary losses in excess of $1 million.  No defense economic or medical experts were called.  The jury awarded each sibling $20,000 and "no damages" to the decedent's father.  There was no appeal.   Defense attorney: Steve Rudolph.   

• No cause defense verdict on proximate cause in lumbar fusion, knee surgery and psychiatric admission.  Damages-only automobile negligence trial in 2003 in Middlesex County.  Rear-end hit.  Liability stipulated.  Plaintiff's car was totaled.  Female plaintiff had two lumbar surgeries, including a two-level fusion, two knee surgeries, and a psychiatric admission.  Plaintiff's experts related all of these findings to the automobile accident and said they were permanent.  Defense used a neuroradiologist to dispute MRI findings.  The jury returned a defense verdict, determining that none of plaintiff's injuries or surgeries were related to the motor vehicle accident.  Plaintiff's new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on liability when pot of boiling water dumped on 4-year-old girl.  General negligence trial in 2007 in Monmouth County.  Our client dumped a large pot of boiling spaghetti water on 4-year-old girl's shoulder, neck, chest and arm.  Accident occurred in the kitchen as our client was carrying the pot of boiling water to the sink to dump in the strainer.  Our client became startled by the small girl's sudden appearance in the kitchen and dumped the scalding water on the girl's neck, shoulder, arm and chest.  Plaintiff's experts testified that the extremely large residual scars and burns on the shoulder, arm and chest were permanent.  Revision surgery, grafting and future medical costs exceeding $100,000 went on the board.  No defense medical experts were called.  The jury retuned a defense verdict on liability, determining that our client's conduct was not negligent.  Plaintiff's new trial motion was denied.  On appeal, the Appellate Division affirmed the no cause defense verdict.  Defense attorney: Steve Rudolph.   

• No cause defense verdict on proximate cause in brain damage UIM trial.  Damages-only underinsured motorist (UIM) trial in 2005 in Burlington County.  Male plaintiff recovers $100,000 from tortfeasor in underlying case.  Head-on automobile collision results in plaintiff's head striking and breaking the windshield, causing skull fractures.  Both vehicles were totaled.  Plaintiff's experts testified about plaintiff's skull fractures, brain injury, closed head injury, cognitive deficits and complete loss of his real estate business.  $500,000 in wage losses was presented.  As a UIM trial, the jury did not know about plaintiff's prior settlement of $100,000 or the fact that the true defendant was an insurance company.  Defense used no defense medical experts.  The jury returned a defense verdict, determining that plaintiff's brain injuries, closed head injuries, cognitive deficits and loss wages were not related to the motor vehicle accident.  There was no appeal.  Defense attorney: Steve Rudolph.

• $10,000 verdict for seven facial scars on 3-year-old girl.  Damages-only dog bite trial in 2005 in Monmouth County.  Female/plaintiff was 18 months old when she was bit by a dog and dragged for a short distance.  The girl was 3 years old at the time of trial.  70 stitches were needed to close 7 facial wounds and the young girl subsequently developed a neurological lip droop from the nerve damage.  Future revision surgery and future medical costs went on the board.  Plaintiff's medical expert testified that all 7 scars and the lip droop were permanent.  Since our client owned the dog, we had full liability under New Jersey's strict liability dog bite statute.  No defense medical experts were called.  The jury returned a $10,000 verdict.  Plaintiff's new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• "DiProspero" no cause defense verdict on proximate cause.  After the N.J. Supreme Court decided DiProspero v. Penn in 2005, thus eliminating the "serious impact" prong under the verbal threshold, the DiProspero case was remanded back to the Camden County trial court.  Ms. DiProspero, who was 21 years old at the time of her automobile accident, had a damages-only trial in 2006 in Camden County.  Liability was stipulated.  Our client caused the accident.  Ms. DiProspero's medical experts all testified that plaintiff sustained nine permanent disc bulges, permanent nerve damage and a permanent TMJ injury.  Ms. DiProspero had no prior injuries or accidents.  No defense medical experts were called.  The jury returned a defense verdict, determining that none of Ms. DiPropsero's injuries were related to the automobile accident.  Plaintiff’s new trial and additur motions were denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• $5,000 verdict for two facial scars on 14-year-old boy.  Damages-only dog bite trial in 2006 in Monmouth County.  Male plaintiff was 14 years old when he was bit on the face by a dog.  75 stitches were used to close the facial wounds.  Future revision surgery and future medical costs went on the board.  Plaintiff's medical expert testified that the scars were permanent.  Since our client owned the dog, we had full liability under New Jersey's strict liability dog bite statute.  No defense medical experts were called.  The jury returned a $5,000 verdict.  Plaintiff's new trial and additur motions were denied.  Plaintiff appealed to the Appellate Division.  The Appellate Division entered a $20,000 additur.  Defense attorney: Steve Rudolph.
  
  
• No cause defense verdict on liability in products liability trial.  Products liability trial in 2008 in Camden County.  Plaintiff, a heating and air conditioning (HVAC) technician, sustained severe burns while attempting to troubleshoot/repair a residential air conditioning unit.  When the AC unit would not start, plaintiff hooked up a "hard start" product to the AC unit to provide increased starting torque.  When the circuit breaker was turned back on, the compressor portion of the AC unit exploded and sent flames and hot oil directly at plaintiff.  Plaintiff sustained first, second and third degree burns on 26% of his body, including his legs, arms, chest and face.  Plaintiff spent 8 days in the Temple University Burn Unit.  Plaintiff brought a "defective warnings" claim against the manufacturer under the Product Liability Act, alleging that there were no warnings that this type of explosion could occur.  We argued that the warnings that were on the product were adequate to convey the dangers of the product, and that plaintiff was a sophisticated user of the product who did not need the type of warnings plaintiff was alleging were necessary.  Plaintiff called two engineering experts, who opined the product was defective because there were no warnings about explosions or flames.  Plaintiff's burn expert opined the burn residuals are permanent.  The defense called no liability or medical experts.  The jury returned a defense verdict on liability, determining that the warnings on the product were adequate.  There was no appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on liability in construction/engineering trial.  Construction/professional engineering trial in 2003 in Ocean County.  A Title 59 sewerage authority sued our client, a professional engineering firm, to recover over $700,000 in damages from our client's alleged incorrect and/or insufficient blueprints and construction drawings for an underground sewerage system in a new development.  Trial involved engineering experts, construction experts, architect experts and sewerage experts.  The jury returned a defense verdict on liability, determining that our client was not negligent and did not deviate from accepted engineering standards.  There was no appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on proximate cause with cervical and lumbar fusion surgeries.  Damages-only automobile negligence trial in 2007 in Ocean County.  Rear-end hit.  Liability stipulated.  Plaintiff had the "zero" threshold.  Female plaintiff in her 30's has two-level lumbar fusion surgery, two-level cervical fusion surgery, revision cervical fusion surgery (after screws break), and more than 20 epidural injections.  Plaintiff totally disabled and receiving Social Security disability.  No defense medical experts were called.  The jury retuned a defense verdict, determining that none of plaintiff's injuries or surgeries were related to the motor vehicle accident.  Defense attorney: Steve Rudolph. 

• No cause defense verdict on liability in brain damage case.  Pedestrian/MVA trial in 2004 in Ocean County.  Male plaintiff was walking across Route 9 when he was struck by a vehicle operated by our client.  Plaintiff struck our client's windshield and was tossed to the roadway about 50 feet from the point of impact.  Plaintiff sustained numerous fractures, head injuries, collapsed lung, and a torn meniscus of the knee.  He was in the hospital for 12 days.  Plaintiff's experts said the head injury, brain damage and knee injuries were permanent.  The defense called no medical experts.  The jury returned a defense verdict, determining that our client was not driving negligently.  Plaintiff's new trial motion was denied.  There was no further appeal.  Defense attorney: Steve Rudolph.

• No cause defense verdict on proximate cause with lumbar fusion surgery.  Damages-only underinsured motorist (UIM) trial in 2006 in Monmouth County.  Male plaintiff recovers $15,000 from tortfeasor in underlying case.  Rear-end hit.  Liability stipulated.  Plaintiff has "zero" threshold.  Plaintiff has lumbar fusion surgery for herniated discs and has recommendation for cervical fusion due to herniations.  Plaintiff also had recommendation for shoulder surgery for rotator cuff tear.  As a UIM trial, the jury did not know about plaintiff's prior settlement of $15,000 or the fact that the true defendant was an insurance company.  Defense used a neuroradiologist to dispute the MRI findings.  The jury returned a defense verdict, determining that none of plaintiff's injuries or surgeries were related to the motor vehicle  accident.  Plaintiff's new trial and additur motions were denied.  In a reported decision, the Appellate Division affirmed the no cause defense verdict (Bardis v. First Trenton Indemnity, 397 N.J. Super. 138 (App. Div. 2007).  Defense attorney: Steve Rudolph. 

• $63,750 net verdict; pedestrian/MVA; bilateral tibia/fibula fractures.  Pedestrian/MVA trial in 2008 in Monmouth County.  Female plaintiff/pedestrian was walking across an intersection in the designated crosswalk when she was struck by our client, who was driving a red BMW.  Our client was making a left-hand turn and testified he never saw plaintiff before the impact.  Our client admitted plaintiff was in the crosswalk when he struck her.  After being struck by the vehicle, plaintiff lost consciousness and sustained a concussion.  She also sustained comminuted, displaced fractures of the left tibia and fibula, right tibia and fibula, as well as a fractured pelvis.  Plaintiff had open reduction internal fixation surgery with rods and screws for the tibia/fibula fractures.  Plaintiff was totally disabled and was unable to walk without a cane.  She also had residual headaches from the concussion/closed head injury.  Plaintiff's medical expert testified that all of the leg fractures and ambulation difficulties were permanent.  We argued that our client was not negligent, despite the New Jersey pedestrian/automobile statute that provides drivers must yield the right-of-way to pedestrians in the crosswalk.  The jury returned a liability verdict of 51% on our client and 49% on plaintiff.  The gross damages verdict was $125,000, which was reduced to a net award of $63,750 due to plaintiff's 49% comparative negligence.  Plaintiff has filed a new trial and additur motion.  We cross-moved for fees and costs under the Offer of Judgment Rule, as we filed an Offer of Judgment for $200,000.  Both motions are pending.  Defense attorney: Steve Rudolph.

• No cause defense verdict on liability in lack-of-security trial.  Premises/security trial in Somerset County in 2007.  Female plaintiff knocked down in a movie theater by an allegedly large and unruly crowd.  Plaintiff was about to hand her movie tickets to the ticket taker when she was pushed violently from behind by one or more patrons attempting to rush past the ticket taker.  Plaintiff fell forward and fractured her right arm in two places and allegedly tore her rotator cuff.  Our client was the movie theater and we denied that the theater was negligent.  Plaintiff's security expert testified that the theater had no security officers inside the theater to provide security or enforce crowd control measures.  Plaintiff's security expert also testified that plaintiff's accident was foreseeable and caused by the theater's negligence.  Plaintiff's orthopedic expert testified that plaintiff's two arm fractures and torn rotator cuff were caused by the falldown accident at the theater.  The defense called no liability experts, arguing instead that it is impossible for the theater to prevent spontaneous and unexpected acts by its patrons.  The jury returned a defense verdict for the theater, determining that our client was not negligent.  Plaintiff's new trial motion was denied.  There was no further appeal.  Defense attorney: Steve Rudolph. 

• No cause defense verdict on damages-only verbal threshold.  Damages-only automobile negligence trial in 2008 in Gloucester County.  Our client, an employee of a commercial publishing company, drove his truck at 40 m.p.h. into the rear of plaintiff's stopped car.  Plaintiff's car was pushed into the opposite lanes of traffic and drove up an embankment.  Both vehicles were totaled.  Liability was stipulated.  Plaintiff alleged three herniated discs in her neck and two herniations in her low back.  MRIs confirmed all five herniations.  Plaintiff's medical experts testified that the herniations were causally related to the accident and were permanent.  Defense argued that all the herniations were degenerative and preexisting and the defense used a neuroradiologist to dispute the MRI findings.  The jury returned a defense verdict, determining that none of plaintiff's injuries were permanent under the AICRA verbal threshold statute.  Defense attorney: Steve Rudolph.