National Verdicts

Plaintiff(s):

Steven Visaggio (Male, 58 Years), 

Barbara Visaggio (Female)

Plaintiff Attorney(s):

Andrew A. Fraser;
Laddey, Clark & Ryan, LLP;
Sparta,
NJ,
for
Steven Visaggio, Barbara Visaggio ■ Timothy E. Dinan;
Laddey, Clark & Ryan, LLP;
Sparta,
NJ,
for
Steven Visaggio, Barbara Visaggio

Plaintiff Expert(s):

David Basch;
M.D.;
Orthopedic Surgery;
Sparta,
NJ called by
Andrew A. Fraser, Timothy E. Dinan ■ Richard Snellings;
M.D.;
Radiology;
Sparta,
NJ called by
Andrew A. Fraser, Timothy E. Dinan

Defendant(s):

Kurt Dorthe, 

Michelle Dorthe

Defense Attorney(s):

Emad G. Iskaros;
Law Office of Walter F. Skrod;
Hackensack,
NJ,
for
Kurt Dorthe, Michelle Dorthe

Defendant Expert(s):

Joseph Dryer;
Orthopedic Surgery;
Summit,
NJ called by
Emad G. Iskaros

Insurer(s):

Selective Insurance Co. ($1 million umbrella coverage) for Dorthe;
GEICO ($250,000 primary coverage) for Dorthe

On March 20, 2010, plaintiff Steven Visaggio, 58, an independent home-improvement contractor, was driving his motorcycle northbound on Hamburg Avenue, in Sussex. At the intersection with Main Street, Visaggio halted for a red light, and a pick-up trucked stopped behind him. When the light turned green, the pickup, driven by Kurt Dorthe, began to move before Visaggio could begin start forward, and struck Visaggio. Visaggio claimed neck and back injuries, and a muscle tear in his right shoulder. Visaggio sued Dorthe, alleging he was negligent in the operation of his motor vehicle. Michelle Dorthe, Kurt Dorthe’s mother, was also named as a defendant but was dismissed prior to trial. Visaggio alleged Dorthe failed to maintain a proper lookout while driving, and failed to yield when Visaggio was stopped. After completion of jury selection, Dorthe admitted negligence in the collision, but disputed Visaggio’s claimed injuries and damages.

Following the collision, Visaggio was taken by ambulance to St. Clare’s Hospital in Sussex, where he was treated and released. Visaggio followed up with an orthopedic doctor, who referred him for physical therapy, which Visaggio still reportedly treats with. On March 31, 2010, Visaggio had an MRI of his right shoulder, which revealed a supraspinatus tear, which was reportedly an aggravation of a pre-existing injury. On April 1, Visaggio had MRIs of his neck and back, which revealed disc herniations at C5-6, C6-7, L1-2, and L2-3. The MRI results were corroborated by testimony by Visaggio’s expert radiologist, who analyzed Visaggio’s films. In 2010, Visaggio received a series of epidural injections. On March 14, 2012, Visaggio underwent an arthroscopic procedure for his right shoulder, repairing the rotator cuff injury. According to Visaggio, his home-improvement business was impacted by his injuries. He claimed that although he was able to return to running the business, he could not work in the field as much as he once had, and was forced to hire new employees to make up for his reduced ability to perform physical work. In addition to seeking damages for Visaggio, counsel sought recovery for Barbara Visaggio’s loss of consortium claim. She alleged a loss of services, as well as an impact to their physical relationship. She contended that she experienced more pressure in caring for the couple’s eight children, since her husband was less able to help her. Dorthe disputed the extent of the plaintiffs’ claimed injuries and damages. His expert orthopedist opined that any problems that Steven Visaggio experienced with his spine and shoulder were pre-existing and degenerative, and the defense related them to wear and tear from his line of work. In mandatory non-binding arbitration, the court awarded the plaintiffs $410,000. This result was rejected by the defendant.

The jury found that Dorthe’s negligence was a proximate cause of Steven Visaggio’s permanent injuries. The jury awarded him $15,500,000, and awarded Barbara Visaggio $3,800,000 for her derivative claim.

Barbara Visaggio: $3,800,000 Wrongful Death: loss of care, services, and consortium; Steven Visaggio: $15,500,000 Personal Injury: pain and suffering, disability, impairment and loss of enjoyment of life

Judge:

Edward Gannon

Demand:

$250,000 (offer of judgment)

Offer:

$160,000

Trial Length:

4
 days

Trial Deliberations:

2.5
 hours

Jury Composition:

2 male/ 4 female

Post Trial:

Defendant filed post-trial motions for a new trial, based on alleged evidentiary issues during the trial, as well as post-trial motions for remittitur. All of the post-trial motions filed by the defendant were denied by the court. An appeal has since been filed by the defendant.

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