New Jersey Verdicts

Plaintiff(s):

Brittany Dean (Female, 38 Years)

Plaintiff Attorney(s):

Jeffrey S. Hark;
Hark & Hark, P.C.;
Cherry Hill,
NJ,
for
Brittany Dean

Plaintiff Expert(s):

Gary Goldstein; M.D.; Orthopedic Surgery; Voorhees,
NJ called by:
Jeffrey S. Hark ■ Brooks Rugemer; Trucking Industry; Lancaster,
PA called by:
Jeffrey S. Hark ■ Steven Schorr; P.E.; Accident Reconstruction; Abington,
PA called by:
Jeffrey S. Hark ■ Richard Saferstein; Ph.D.; Toxicology; Mount Laurel,
NJ called by:
Jeffrey S. Hark

Defendant(s):

English Sewage, 

Estate of David Uhland

Defense Attorney(s):

None reported;
None reported;
for
Estate of David Uhland ■ Michael J. Dunn;
Law Offices of Michael J. Dunn, LLC;
Cherry Hill,
NJ,
for
English Sewage

Insurer(s):

Farm Family Casualty Insurance Co. for English Sewage

On July 12, 2015, plaintiff Brittany Dean, 38, was a front-seat passenger in a pickup truck driven by her boyfriend, David Uhland. The truck was traveling on Cornwell Drive, in Upper Deerfield. Uhland, who was under the influence of heroin, lost control of the vehicle and crossed into oncoming traffic. The truck hit another vehicle head-on. Uhland was killed, and Dean claimed injuries to her left elbow, face, thoracic spine, both legs, pelvis, and right foot. Dean sued Uhland’s estate, alleging negligence. She also sued Uhland’s employer and the owner of the truck, English Sewage Disposal Inc., alleging negligent entrustment. Specifically, Dean asserted that the company, having knowledge of Uhland’s history of drug abuse, should not have allowed him to drive a work vehicle. Uhland’s estate did not reply to the suit. English Sewage denied liability, arguing that Uhland had been driving the vehicle for personal use on a weekend evening, not in his capacity as an employee on a scheduled workday.

Dean was taken by ambulance to the trauma center of Cooper Medical Center, where she was hospitalized for about a month. She was diagnosed with lacerations to the elbow of her left (non-dominant) arm and to her left thigh; a right thigh contusion; a metatarsal fracture of the right foot; a closed fracture of the left cuboid (a small bone in the foot); open tibia and fibula fractures; a right femur fracture with compartment syndrome; fractures of the sacrum and pubic bones; nasal bone fractures; an open nasal septum wound; a hematoma; a collapsed left lung; muscle spasms; and a lip injury with some avulsion. While hospitalized, Dean underwent irrigation and debridement of the open tibia and fibula fracture and open right-knee wound. She had closed reduction of the tibia and fibula and right femur. She required a right-thigh fasciotomy and open reduction and internal fixation surgery for the left fibula and a right metatarsal bone. Dean had about three months of post-hospitalization physical therapy. Later, she was diagnosed with anxiety, survivor’s guilt, and post-traumatic stress disorder (PTSD). Dean claims she continues to suffer from PTSD and is unable to walk without pain or discomfort. She believes she will require surgery in the future. She claimed a Medicaid lien of $72,067. English Sewage did not actively dispute damages.

The parties agreed to a $1.3 million settlement during mediation before retired magistrate Joel Rosen. The settlement was paid from English Sewage’s $1 million primary and $1 million umbrella policies with Farm Family Casualty Insurance Co.

Judge:

Joel Rosen

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.