New Jersey Verdicts

Plaintiff(s):

Gregory Alessi (Male, 19 Years)

Plaintiff Attorney(s):

Brian D. Drazin;
Drazin and Warshaw, P.C.;
Red Bank,
NJ,
for
Gregory Alessi

Plaintiff Expert(s):

Chad Staller; M.B.A; Economics; Philadelphia,
PA called by:
Brian D. Drazin ■ John Capo; M.D.; Orthopedic Surgery; Morristown,
NJ called by:
Brian D. Drazin ■ Mark Reilly; M.D.; Orthopedic Surgery; Newark,
NJ called by:
Brian D. Drazin ■ Mark Wagner; Ph.D.; Vocational Assessment; Moorestown,
NJ called by:
Brian D. Drazin ■ Ellen Smith; M.A.; Functional Capacity Assessment; Montville,
NJ called by:
Brian D. Drazin ■ Jasen Walker; Ed.D.; Vocational Rehabilitation; Valley Forge,
PA called by:
Brian D. Drazin ■ Arthur Klein; M.D.; Infectious Diseases; East Setauket,
NY called by:
Brian D. Drazin ■ Kenneth Kutner; Ph.D.; Neuropsychology; Englewood,
NJ called by:
Brian D. Drazin ■ Valerie Parisi; R.N.; Life Care Planning; Doylestown,
PA called by:
Brian D. Drazin

Defendant(s):

Philip Alessi, 

Teresa Alessi, 

James J. Gallenagh, 

NJM Insurance Group, 

New Haven Distribution Services, 

New Jersey Manufacturers Insurance Co.

Defense Attorney(s):

John W. Harding;
Martin, Kane & Kuper;
East Brunswick,
NJ,
for
NJM Insurance Group, New Jersey Manufacturers Insurance Co. ■ Robert S. Helwig;
Hoagland, Longo, Moran, Dunst & Doukas, LLP;
New Brunswick,
NJ,
for
Philip Alessi, Teresa Alessi ■ Amy L. Fenno;
O’Connor Redd LLP;
Port Chester,
NY,
for
James J. Gallenagh, New Haven Distribution Services

Insurer(s):

None disclosed for truck defendants;
New Jersey Manufacturer’s Insurance Co. for Allessi defendants

On Dec. 21, 2009, plaintiff Gregory Alessi, 19, was a passenger in a Jeep driven by his father. They were traveling north on the New Jersey Turnpike. When they were just north of Exit 12 (Carteret), a tractor-trailer in an adjacent lane jack-knifed and collided with them. Alessi sustained multiple injuries, including serious injuries to his right arm. Alessi sued truck-driver James J. Gallenagh and his employer, New Haven Distribution Services, which owned the truck. Although not target defendants, Alessi’s father, Philip Alessi, as driver of the host vehicle, and his mother, Teresa Alessi, as the vehicle owner, were also named as defendants. The lawsuit stated claims for negligence against all defendants. The lawsuit also asserted underinsured-motorist claims against New Jersey Manufacturers Insurance Co., which insured the Alessi vehicle. (All claims against the insurer were dismissed by summary judgment.) Alessi contended that while his host vehicle was traveling in the left lane of the northbound turnpike, the tractor-trailer, in the center lane, suddenly jack-knifed when Gallenagh slammed the brakes. The tractor-trailer careened into the left lane, striking Alessi’s Jeep. The Jeep became pinned under the tractor-trailer. Gallenagh claimed that it was necessary for him to hit the brakes, because a truck in front of his had suddenly slowed. He admitted he was not wearing a seat belt, resulting in his shifting in his seat backward and to the right, causing him to lose his grip on the wheel. His hands were in the air as the truck jack-knifed and spun out of control.

Alessi sustained multiple injuries to his head, torso, and right (dominant) arm. He was hospitalized immediately after the accident and underwent several surgeries. The arm injuries involved fractures of the humerus and ulna radius that required open reduction and internal fixation surgery. Surgery was also required to repair injury to the ulna artery, elbow, arm muscles, tendons, and nerve injuries. In addition, surgeries involved nerve grafts and split-thickness skin grafts. Alessi had revision surgeries in 2009, 2010, 2012, and 2013. His forearm remains disfigured and the function of his elbow and hand is limited. Osteomyelitis (infection of the bone) was diagnosed in 2014-2015 and required surgeries to remove hardware and infected tissue, and a PICC line (a hollow tube) was used to deliver antibiotic therapy for six months. Alessi faces the risk of recurrence of osteomyelitis. Alessi claimed a psychological overlay from his injuries, identified as post-traumatic stress disorder (PTSD), mood disorder, and a fear of amputation, reinforced by the bone infection. He also had numerous scars from multiple lacerations (mostly right arm and hand) and surgical.

The case settled for $7.5 million, with the tractor-trailer defendants contributing $7.35 million and the host-vehicle insurer (New Jersey Manufacturers Insurance Co.) contributing $150,000.

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