New Jersey Verdicts
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Motorcyclist, hit by drag-racer, lost limbs, had brain damage
Superior Court of Middlesex County
arm; head-closed head injuries; brain-brain damage; amputation-arm (arm (above the elbow)); amputation-leg (leg (at the knee)); mental/psychological-cognition (memory, impairment), impairment (memory, impairment); mental/psychological-concentration, impairment
Motor Vehicle - Head-On, Motorcycle, Multiple Vehicle; Premises Liability - Inadequate or Negligent Security, Negligent Repair and/or Maintenance
Hussein M. Agiz v. Heller Industrial Parks Inc., Georgia Pacific Harmon Recycling, John Wiley and Sons, Lagasse Brothers Inc., United Stationers Inc., Taylored Services LLC, ADI Logistics, Celebrity International, NFI Distribution, DNP International, Oved Apparel Corporation, Jonathon J. Bonilla, GP Harmon Recycling LLC, Heller VII Partnership LP, Heller VIII Partnership LP, Medhat Agiz, Celebrity International Inc., Oved Apparel Corp, Township of Edison, Edison Township Police Dept., DNP International, Lagasse Brothers Inc., United Stationers Inc., No. MID-L-4520-13
September 28, 2016
Hussein M. Agiz (Male, 18 Years)
Bruce H. Nagel; Nagel Rice, LLP; Roseland, NJ, for Hussein M. Agiz ■ Andrew L. O'Connor; Nagel Rice, LLP; Roseland, NJ, for Hussein M. Agiz
Oved Apparel Corp.,
Township of Edison,
John Wiley and Sons,
Jonathon J. Bonilla,
Lagasse Brothers Inc,
Taylored Services LLC,
United Stationers Inc,
GP Harmon Recyling LLC,
Heller VII Partnership LP,
Heller VIII Partnership LP,
Heller Industrial Parks Inc,
Celebrity International Inc.,
Georgia Pacific Harmon Recycling,
Edison Township Police Department
David J. Dering; Larry Bride Tinker & Moran, P.C.; Cedar Knolls, NJ, for Heller VII Partnership LP, Heller VIII Partnership LP, Heller Industrial Parks Inc ■ James J. Piper; Anglin, Rea & Cahalane, P.A.; Cranbury, NJ, for Medhat Agiz
On July 9, 2012, plaintiff Hussein Agiz, 18, was riding a motorcycle on Saw Mill Road, in Heller Industrial Parks, in Edison. At the same time, two cars were drag racing on the road. One of the race participants, Jonathan Bonilla, veered into Agiz' lane and struck him head on. Agiz sustained multiple bodily injuries, which led to the amputation of his right arm and right leg. Agiz sued Bonilla, alleging negligence (Bonilla's first name was misspelled in the case caption). He also sued Heller Industrial Parks Inc. and its affiliates, and tenants in and around the industrial park. In addition, he sued Edison Township and the Edison Township Police Department, for allegedly failing to maintain the roads. Bonilla failed to answer the complaint and the court issued a default judgment on liability against him. Prior to trial, all defendants except Heller Industrial Parks and its affiliates were dismissed. Agiz contended the industrial park was aware of the drag racing on the property, but failed to provide security to prevent it. Heller Industrial Parks argued that it was not responsible for public roads around its property and it launched a claim against Agiz' father, Mehdat Agiz, who owned the motorcycle, alleging he negligently entrusted the motorcycle to his son, who was not familiar with it and was not an experienced rider.
The accident caused Agiz multiple serious injuries. His right (dominant) arm was amputated above the elbow, and his right leg was amputated above the knee. He underwent 11 surgical procedures, including debridements, nerve repair and revisions of the leg and arm amputation surgeries. Agiz also suffered a closed head-injury from the accident, causing issues with memory and concentration. Defense counsel did not actively dispute Agiz' claimed injuries and damages. Agiz claimed a stipulated Medicaid lien of $204,003.30
The jury found that Heller Industrial Parks was 60 percent liable and Bonilla was 40 percent liable. Agiz was awarded damages of $6,860,831.
Hussein M. Agiz: $4,355,515 Personal Injury: Future Medical Cost; $2,301,313 Personal Injury: pain, suffering, impairment; $204,003 Personal Injury: Medicaid lien
Jane Bruskin Cantor
This report is based on information that was provided by plaintiff's counsel. Counsel for Heller Industrial Parks Inc. did not respond to the reporter's phone calls. Counsel for other defendants were not asked to contribute.