New Jersey Verdicts

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Plaintiff attributed herniated disc, fusion surgery, to crash

Amount:

$3,335,000

Type:

Verdict-Plaintiff

State:

New Jersey

Venue:

Essex County

Court:

Superior Court of Essex County

Injury Type(s):

back-fusion, lumbar;
back-herniated disc (herniated disc at L5-S1), lumbar (herniated disc at L5-S1);
other-plate; other-pins/rods/screws; other-aggravation of pre-existing condition

Case Type:

Motor Vehicle – Rear-ender, Multiple Vehicle

Case Name:

Hsing Y. Chen v. Isabel C. Rasolio,
No. ESX-L-5834-13

Date:

July 15, 2016

Parties

Plaintiff(s):

Hsing Y. Chen (Female, 56 Years)

Plaintiff Attorney(s):

Nicholas J. Leonardis;
Stathis & Leonardis, L.L.C;
Edison,
NJ,
for
Hsing Y. Chen

Defendant(s):

Isabel C. Rasolio

Defense Attorney(s):

David Forrey;
Lewis & Forrey;
Princeton,
NJ,
for
Isabel C. Rasolio

Insurer(s):

MetLife Auto & Home ($250,000 limit) for Isabel C. Rasolio

Facts:

On Feb. 16, 2012, plaintiff Hsing Y. Chen, 56, was driving on Easton Avenue in Somerset when she was rear-ended. She claimed injuries to her lower back. Chen sued the other driver, Isabel C. Rasolio, alleging she was negligent. Chen stated that Rasolio struck her car while she was stopped for traffic on the entrance ramp to Interstate 287. Rasolio argued Chen was responsible for the collision by stopping short.

Injury:

Chen was taken by ambulance to a local emergency room with complaints of pain in her lower back. She had X-rays and was discharged with instructions to follow up with an orthopedist. Chen was ultimately diagnosed with a herniated disc at L5-S1 with aggravated pre-existing degeneration. She underwent a lumbar fusion with plate and screws. Chen claims residual pain and permanent limitations performing activities of daily living. She sought damages for past and future medical expenses and past and future pain and suffering. Counsel for Rasolio maintained that Chen’s injuries were not related to the accident, and were pre-existing with no aggravation.

Result:

The jury found Rasolio was negligent and awarded damages to Chen of $3.35 million.

Trial Information:

Judge:

Garry Furnari

Demand:

$250,000

Offer:

$125,000

Trial Length:

3
 days

Trial Deliberations:

2
 hours

Editor’s Comment:

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