New Jersey Verdicts

Amount:

$150,000

Type:

Verdict-Plaintiff

State:

New Jersey

Venue:

Bergen County

Court:

Bergen County Superior Court

Injury Type(s):

Case Type:

Motor Vehicle – Passenger, Rear-ender, Phantom Vehicle, Underinsured Motorist

Case Name:

Lori Provitera v. Allstate New Jersey Insurance,
No. BER-L-7979-11

Date:

June 25, 2013

Plaintiff(s):

Lori Provitera (Female, 52 Years)

Plaintiff Attorney(s):

Daniel LaTerra;
Maggiano, Digirolamo & Lizzi;
Fort Lee,
NJ,
for
Lori Provitera

Defendant(s):

Allstate New Jersey Insurance

Defense Attorney(s):

Michael Della Rovere;
O’Toole, Couch & Della Rovere;
Whippany,
NJ,
for
Allstate New Jersey Insurance

On Oct.1, 2009, plaintiff Lori Provitera, 52, a medical transcriptionist, was a restrained passenger in a vehicle that was stopped at a red light on Bridge Street, at its intersection with River Street, in Hackensack. Provitera claimed that while stopped at the red light, her host vehicle was involved in an accident that occured when another vehicle struck the rear of Provitera’s host car and then fled the scene before it or its driver could be definitively identified. Police arrived on the scene, and investigated the accident. Neither the identity nor ownership of the phantom car was established, so Provitera asserted an uninsured-motorist claim against her own automobile liability insurer, Allstate New Jersey Insurance. When her UIM claim could not be resolved, Provitera sued Allstate, asserting her claims for bodily injury allegedly caused by the negligence of the unidentified driver of the phantom car. The parties agreed to try the case as to damages-related issues only. Liability was stipulated, and it was agreed that the damage issues would proceed pursuant to the expedited procedure allowing for the introduction of medical records and expert medical reports directly, without the necessity of live witness testimony. It was further stipulated that any resulting damages award in Provitera’s favor would be capped at $50,000.

Provitera and her host driver declined an ambulance at the accident scene and returned home, but Provitera presented to the emergency room of a local hospital later on that same day, with complaints of back and neck pain. X-rays were taken that were negative for any fractures. Provitera followed up with an orthopedic specialist, who ordered MRIs that revealed cervical-disc bulges at C5-6 and C6-7, and a lumbar-disc bulge at L5-S1. She had complaints of numbness and radiating pain to all of her extremities, and an EMG proved positive for both cervical and lumbar radiculopathy. Provitera treated conservatively, and asserted no lost wages claim. The defense claimed that Provitera’s complained-of injuries stem from pre-existing degenerative changes. The defense, in an attempt to characterize as subjective her complaints of pain and suffering, also called attention to the seemingly lengthy gaps in her treatment.

The jury determined that Provitera had suffered permanent injury that was causally related to the subject motor vehicle accident, and concluded that she should receive damages totaling $150,000. The total damages amount as determined by the jury was molded to reflect the previously agreed to damages cap of $50,000.

Actual Award:

$50,000

Judge:

John J. Langan, Jr.

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