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New Jersey Verdicts

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Plaintiff attributed permanent neck pain to highway collision

Amount:

$3,350,000

Type:

Verdict-Plaintiff

State:

New Jersey

Venue:

Hudson County

Court:

Hudson County Superior Court

Injury Type(s):

neck-herniated disc (herniated disc at C5-6), cervical (herniated disc at C5-6); other-chiropractic

Case Type:

Motor Vehicle - Rear-ender, Multiple Impact, Multiple Vehicle

Case Name:

Felix Del Sol-Gonzales v. Santos Flores and Demetrio Flores, No. HUD-L-1390-15

Date:

July 20, 2017

Parties

Plaintiff(s):

Felix Del Sol-Gonzales (Male, 47 Years)

Plaintiff Attorney(s):

Marvin R. Walden Jr.; Greenberg, Walden & Grossman, LLC; West New York, NJ, for Felix Del Sol-Gonzales

Plaintiff Expert(s):

John Athas; M.D.; Neuroradiology; Paramus, NJ called by: Marvin R. Walden Jr. ■ Ravi Tikoo; M.D; Neurology; North Bergen, NJ called by: Marvin R. Walden Jr. ■ Joseph Mezyk; D.O.; Chiropractic; West New York, NJ called by: Marvin R. Walden Jr. ■ Teofilo Dauhajre; M.D.; Orthopedic Surgery; West New York, NJ called by: Marvin R. Walden Jr.

Defendant(s):

Santos Flores, 

Demetrio Flores

Defense Attorney(s):

Salvatore Iacopelli; Law Offices of Pamela D. Hargrove; Cranford, NJ, for Santos Flores, Demetrio Flores

Defendant Expert(s):

Lawrence Kraut; Orthopedic Surgery; Clifton, NJ called by: Salvatore Iacopelli

Insurer(s):

Allstate Insurance Co. for Santos Flores and Demetrio Flores

Facts:

On April 18, 2013, plaintiff Felix Del Sol-Gonzales, 47, a trucker's helper, was traveling on the Bergen Turnpike in North Bergen. While stopped behind another vehicle, Del Sol-Gonzales was struck from behind by an automobile driven by Santos Flores. The impact caused Del Sol-Gonzales to strike a stationary vehicle ahead of him. He claimed a neck injury. Del Sol-Gonzales sued Flores, alleging he had been negligent. He alleged the owner of the vehicle, Demetrio Flores, was vicariously liable. Liability was stipulated and the matter continued to an expedited trial to determine damages only.

Injury:

Del Sol-Gonzales was taken by ambulance to the emergency room of Palisades General Hospital, with complaints of neck pain. He was treated and released. Del Sol-Gonzales was ultimately diagnosed with a herniation at cervical intervertebral disc C5-6. He treated with conservative chiropractic care for five months. Although he was recommended for surgery, he declined further treatment. He complains of residual neck pain. The defendants disputed the nature and extent of Del Sol-Gonzales' injuries. The defense's expert orthopedic surgeon testified that he did not believe he sustained permanent traumatic injuries, and any disc herniation was due to pre-existing degeneration.

Result:

The jury found in favor of Del Sol-Gonzales. He was awarded $3,350,000 in damages.

Felix Del Sol-Gonzales: $850,000 Personal Injury: Future Medical Cost; $2,500,000 Personal Injury: Past Pain And Suffering

Trial Information:

Judge:

Joseph A. Turula

Demand:

none reported

Offer:

$20,000

Trial Length:

2  days

Trial Deliberations:

2  hours

Jury Vote:

unknown

Jury Composition:

unknown

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.