New Jersey Verdicts

Plaintiff(s):

Gary Good (Male, 42 Years), 

Julio Camacho (Male, 52 Years), 

Violetta Good (Female, 40 Years), 

Carlota Camacho (Female, 30 Years)

Plaintiff Attorney(s):

Christopher L. Musmanno;
Einhorn, Harris, Ascher, Barbarito & Frost, P.C.;
Denville,
NJ,
for
Gary Good, Julio Camacho, Violetta Good, Carlota Camacho

Defendant(s):

Miguel A. Castro, 

New Jersey Transit Corp.

Defense Attorney(s):

Stephen R. Tucker;
New Jersey Attorney General’s Office;
Trenton,
NJ,
for
Miguel A. Castro, New Jersey Transit Corp.

On March 19, 2013, plaintiffs Julio Camacho, 53, and Gary Good, 42, were traveling together in a van in their capacity as Hudson County Correctional Officers. Good was the driver and Camacho was the front-seat passenger. They were heading east on Pavonia Avenue at or near its intersection with Summit Avenue in Jersey City, to retrieve a prisoner at the Federal Building in New York City for transport to the Hudson County Correctional Facility. At the same time, a New Jersey Transit bus, owned by New Jersey Transit Corp. and operated by Miguel A. Castro, was approaching from the opposite direction on Pavonia Avenue. The avenue had one lane for the bus and two lanes for the Good/Camacho vehicle, separated by a double yellow line. A double-parked vehicle obstructed the bus’ lane. Rather than stopping for oncoming traffic, bus-driver Castro crossed over the double yellow line into the oncoming lane of travel as the Good/Comacho vehicle was approaching the bus. Castro attempted to pass the car, then swerve back to its lane; However, he failed to make it back, and the rear driver’s side of the bus and the rear tire, hit the front driver’s side corner of the officers’ van. Both officers suffered spine and shoulder injuries, among others. Good and Comacho jointly sued New Jersey Transit Corp. and Castro. The impact was so severe that the van’s axle broke and the left front tire was destroyed. Discovery revealed that Castro had been involved in eight accidents, including striking a pedestrian in 2008 at a crosswalk. For the current accident, he received tickets for violating N.J.S.A. 39:4-86 for failing to maintain his lane of travel and for leaving the accident scene, in violation of N.J.S.A. 39:4-129.

Both Good and Camacho were taken to a local hospital emergency room, where they were examined in connection with complaints of back, neck, and shoulder pain. Both were released with instructions to follow up with appropriate physicians if pain did not subside. Good consulted an orthopedic surgeon, who diagnosed him with a cervical disc herniation at C6-7 and a lumbar disc herniation at L5-S1, both confirmed by MRI. Pain in Good’s left (non-dominant) shoulder persisted and was suspected as being ulnar neuropathy (a disorder of the ulnar nerve, which runs along the ulna bone, in the forearm). To confirm the diagnosis and treat his nerve pain, ulnar nerve exploration and surgery was performed through a 6-cm incision. The surgery confirmed and remediated ulnar neuropathy with left nerve entrapment and muscular dysfunction. The surgery left Good with permanent scarring and disfigurement of the left shoulder. To treat his cervical disc herniation at C6-7, Good had an anterior cervical discectomy, which involved excisions of the intervertebral disc, and fusion surgery with the implantation of instrumentation (medical devices such as hooks, plates and screws and cages) to provide stability. A cage was implanted with two screws in the bodies of C6 and one screw in the body of C7. Good also had fusion with instrumentation for his lumbar disc herniation at L5-S1. He experienced post-surgical blood clots, and will require anticoagulation medication for the rest of this life. Camacho consulted an orthopedic surgeon, who diagnosed him with a cervical disc herniation at C5-6 and derangement of his right (dominant) shoulder. Surgery was recommended for the cervical disc herniation, and Camacho underwent an anterior cervical discectomy and spinal cord and nerve root decompression at C5-6, with anterior interbody fusion with a cage and plating. To treat his shoulder pain, Camacho had a total right shoulder replacement by arthroplasty (a surgical procedure by which the articular joint surface is replaced, remodeled, or realigned). Camacho experienced post-surgical blood clots, and will require anticoagulation medication for the rest of this life. As a result of their injuries, Good and Camacho were not able to return to their duties as corrections officers. Vocational and economic experts supported the determination of their inability to work and they valued the economic claim of each. The wives of Good and Camacho joined in the suit, asserting consortium loss claims.

After discovery was concluded but prior to a court-ordered arbitration hearing, the case was settled at mediation with retired Superior Court Judge Mark B. Epstein, who now practices mediation and arbitration with Hoagland Longo Moran Dunst & Doukas LLP in New Brunswick. The case settled for a total of $2,250,000 with Good receiving $1.5 million and Camacho receiving $750,000.

Judge:

Mark B. Epstein

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel declined to contribute.