New Jersey Verdicts
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Verdict-Defendant
State:
New Jersey
Venue:
Monmouth County
Court:
Monmouth County Superior Court
Injury Type(s):
back-herniated disc(herniated disc at L5-S1); lumbar(herniated disc at L5-S1)
other-chiropractic
Case Type:
Government – PoliceMotor Vehicle – Bicycle, Parking Lot
Case Name:
Israel Young v. City of Asbury Park, Asbury Park Police Department and Alix Antoine,
No. MON-L-515-10
Date:
May 3, 2013
Plaintiff(s):
Israel Young (Male, Years)
Plaintiff Attorney(s):
John R. Connelly Jr.;
Drazin & Warshaw, P.C.;
Red Bank,
NJ,
for
Israel Young
Plaintiff Expert(s):
Marc Matturro;
D.C.;
Chiropractic;
Asbury Park,
NJ called by
John R. Connelly Jr.
Defendant(s):
Alix Antoine,
City of Ashbury Park,
Ashbury Park Police Department
Defense Attorney(s):
Barry M. Capp;
Ansell Grimm & Aaron PC;
Ocean,
NJ,
for
Alix Antoine, City of Ashbury Park, Ashbury Park Police Department
At 8:30 p.m. on March 26, 2008, plaintiff Israel Young, 26, a furniture delivery person, was riding his bicycle in the parking lot of the Asbury Park Police Station on Main Street when he was involved in a collision with a police vehicle driven by Officer Alix Antoine. Young claimed he cut through the parking lot on his way to his home, and that Antoine struck him with his police vehicle as Antoine was attempting to drive out of the station’s parking lot. Young alleged he sustained injuries to his lower back. Young sued Antoine, claiming he was negligent in the operation of his vehicle. Young also sued the city of Ashbury Park and the Ashbury Park Police Department, alleging they were vicariously liable for Antoine’s actions. Young alleged Antoine sped toward him without his lights or siren activated and struck his bicycle’s front wheel, knocking him to the ground. Antoine claimed he did not see Young until the bicyclist collided with the front driver’s side of his vehicle. Antoine contended that it was dark and Young had no lights on his bicycle and failed to pay attention and make observations for vehicles as he rode through the parking lot. There were no eyewitnesses to the accident.
Young was taken by ambulance to a local hospital with complaints of back pain. He had X-rays and was released. He then visited an orthopedist who diagnosed him with a disc herniation at L5-S1. Young underwent two years of chiropractic treatment. Young claimed he was unable to return to work because he could not lift or move furniture due to his injury. He also claimed he is unable to play sports or lift weights like he did before the accident. In addition, he claimed he cannot pick up his children and play with them. Young‘s treating chiropractor testified that Young sustained a permanent injury. The defense’s expert orthopedist did not dispute that Young had a disc herniation. However, the expert opined that it was not caused by the accident. He testified that it was preexisting and attributed it to degeneration.
The jury found that the defendants were not negligent.
Judge:
David Bauman
Trial Length:
3
days
Trial Deliberations:
2.5
hours
Jury Composition:
4 male/ 3 female
This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.