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Plaintiff suffered coma after struck by faulty garage door

Amount:

$3,500,000

Type:

Settlement

State:

New Jersey

Venue:

Bergen County

Court:

Bergen County Superior Court

Injury Type(s):

brain-coma; brain-subdural hematoma; brain-traumatic brain injury; mental/psychological-cognition, impairment

Case Type:

Worker/Workplace Negligence – Negligent Assembly or Installation

Case Name:

Andrew F. Napolitano and Cathleen G. Napolitano, his wife v. Groenewal-Ramsey Door LLC, Cardino Realty, Overhead Door Company, Lynx USA Inc., and Edmonds Contracting Inc.,
No. BER-L-1836-11

Date:

October 2, 2014

Parties

Plaintiff(s):

Andrew Napolitano (Male, 52 Years), 

Cathleen Napolitano (Female)

Plaintiff Attorney(s):

Michael J. Breslin Jr.;
Michael J. Breslin, Jr., LLC;
Hackensack,
NJ,
for
Andrew Napolitano, Cathleen Napolitano ■ S. Theodore Takvorian;
Takvorian & Associates, LLC;
Hackensack,
NJ,
for
Andrew Napolitano, Cathleen Napolitano

Plaintiff Expert(s):

Brian Greenwald;
M.D.;
Physical Rehabilitation;
Springfield,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian ■ Frank Tinari;
Ph.D.;
Economics;
South Orange,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian ■ Daniel Walzman;
M.D.;
Neurosurgery;
Oradell,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian ■ Harold Bialsky;
D.C.;
Life Care Planning;
Jersey City,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian ■ Thomas Cocchiola;
P.E.;
Mechanical;
Caldwell,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian ■ Terence Fischer;
M.S., C.P.E.;
Ergonomics/Human Factors;
Northfield,
NJ called by
Michael J. Breslin Jr., S. Theodore Takvorian

Defendant(s):

Groenewal-Ramsey Door, LLC

Defense Attorney(s):

Joseph F. Skinner;
Daly Lamastra & Cunningham;
Whitehouse Station,
NJ,
for
Groenewal-Ramsey Door, LLC ■ Kenneth S. Merber;
Gallo Vitucci & Klar LLP;
New York,
NY,
for
Groenewal-Ramsey Door, LLC

Defendant Expert(s):

Eric Heiberg;
Mechanical;
Edison,
NJ called by
Joseph F. Skinner, Kenneth S. Merber ■ Aaron Rabin;
Neurology;
Englewood,
NJ called by
Joseph F. Skinner, Kenneth S. Merber ■ David Masur;
Neuropsychology;
Englewood Cliffs,
NJ called by
Joseph F. Skinner, Kenneth S. Merber ■ Donna Flannery;
Life Care Planning;
Fairfield,
NJ called by
Joseph F. Skinner, Kenneth S. Merber ■ James Waldvogel;
Metallurgy;
Cedar Knolls,
NJ called by
Joseph F. Skinner, Kenneth S. Merber ■ William Vigilante;
Ergonomics/Human Factors;
Chicago,
IL called by
Joseph F. Skinner, Kenneth S. Merber

Insurer(s):

Chubb Group of Insurance Cos. ($1,000,000 primary coverage) for Groenewal-Ramsey Door
Zurich Insurance Co. ($5,000,000 excess coverage) for Groenewal-Ramsey Door

Facts:

On June 29, 2010, plaintiff Andrew Napolitano, 52, a salesperson with a furniture rental company, was at the company’s facility in Hasbrouck Heights when he attempted to find out why an overhead door for the company’s commercial garage was stuck open. After pressing the "close" button multiple times without results, he climbed a stepladder. The door suddenly crashed to the ground, striking the ladder and knocking down Napolitano. He reportedly sustained a skull fracture and brain damage. Napolitano sued Groenewal-Ramsey Door LLC, the company that installed the door. Also named as defendants were Cardino Realty, Overhead Door Company, Lynx USA Inc., and Edmonds Contracting Inc., all of which were involved with the door’s manufacture and installation, but they were granted summary judgment and dismissed after discovery. According to Napolitano’s counsel, Groenewal-Ramsey installed the door in March 2008, but without a safety interlock switch, which prevents users who try to open the door without disengaging the lock from damaging the door and being injured. The defendant came to repair the door, which was damaged because of the lack of the safety interlock, multiple times in 2008. The door again was stuck open in January 2010. According to Napolitano, this constituted a long period during which the company should have known of the malfunction and fixed it. Plaintiff’s experts opined that the defendant’s failure to install the interlock safety device was a proximate cause of the accident. Defense counsel, with support from expert testimony, argued that while the company did not fix the safety device, Napolitano’s negligence was the sole proximate cause of the accident. The defense contended that warnings on the door instructed users to call a qualified company for repairs, and Napolitano, who had no knowledge of commercial garage doors, ignored the warnings and put the ladder in the path of the door, causing his own injuries.

Injury:

Following the accident, Napolitano was brought to Hackensack University Medical Center, where he remained in a coma for six weeks. He was diagnosed as having sustained a traumatic brain injury with subdural hematomas. From August to December 2010, Napolitano was treated at the Kessler Institute for Rehabilitation, in West Orange. After emerging from the coma, Napolitano continued to receive treatment from various outpatient treatment facilities. He made a recovery from his brain injury, and at the time of the litigation’s conclusion was able to walk, talk, and perform various activities for his daily living. However, he continued to experience residual effects, such as cognitive deficits. Plaintiff’s counsel sought recovery for Napolitano’s medical expenses of $1,400,000, and $130,000 for lost wages. According to counsel, Napolitano could not return to his job or obtain employment because of his cognitive deficits. Napolitano’s wife filed a derivative claim for loss of consortium.

Result:

Prior to trial, the parties reached a settlement of $3,500,000.

Trial Information:

Judge:

Charles E. Powers Jr.

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.