New Jersey Verdicts

Plaintiff(s):

Joseph Hull , 

Joseph Gorth (Male, 40s)

Plaintiff Attorney(s):

Edward C. Lutz;
Edward C. Lutz LLC;
Parsippany,
NJ,
for
Joseph Gorth ■ None reported;
for
Joseph Hull

Plaintiff Expert(s):

Hervey Sicherman; M.D.; Orthopedic Surgery; Wayne,
NJ called by:
Edward C. Lutz

Defendant(s):

Carl McCloskey, 

Lamar Stutzman, 

All Holding Co., LLC, 

Van Rohr Equipment Co.

Defense Attorney(s):

Nicole L. Hollingsworth;
Viscomi & Lyons;
Morristown,
NJ,
for
Lamar Stutzman, All Holding Co., LLC ■ None reported;
for
Carl McCloskey, Van Rohr Equipment Co.

Defendant Expert(s):

William Giliberti;
Orthopedic Surgery;
Hackettstown,
NJ called by:
Nicole L. Hollingsworth

Insurer(s):

Liberty Mutual Insurance Co. for All Holding and Stutzman

On July 22, 2015, plaintiff Joseph Gorth, a laborer in his early 40s, was a passenger in a pickup truck owned by his employer, traveling on Stelton Road, in South Plainfield. When the truck was stopped near Interstate 287, it was rear-ended by a box truck. The box truck had been rear-ended by a tractor-trailer. Gorth claimed injuries to his neck, left shoulder and back. Plaintiff Joseph Hull, Gorth’s co-worker and fellow passenger, also claimed injuries. Gorth and Hull sued the driver of the tractor-trailer, Lamar Stutzman, and his employer, All Holdings Co. LLC. They also sued the driver of the box truck, Carl McCloskey, and his employer, Van Rohr Equipment Co. They alleged that the drivers were negligent in the operation of their respective vehicles. McCloskey and Van Rohr Equipment were dismissed, prior to trial. Hull settled with Stutzman and All Holdings for an undisclosed amount, prior to trial. The case proceeded to trial only on Gorth’s claims against Stutzman and All Holdings. The issue of negligence had been determined against Stutzman and All Holdings by summary judgment, and the case was tried on the issues of causation and damages.

Gorth was taken by ambulance to an emergency room, where he was examined and released. He followed up with a workers’ compensation physician, who referred him to a spinal specialist for complaints of neck and mid-back pain. After MRIs he was diagnosed with a fracture at thoracic vertebra T6, aggravation of pre-existing, asymptomatic cervical herniations, and a labrum tear of his left (non-dominant) shoulder. He was placed in an upper-body brace and remained immobilized for six months. While wearing the brace, Gorth developed osteomyelitis at T6 and discitis at T6-7. This required him to undergo intravenous antibiotics every day for three months, followed by two months of oral antibiotics. Upon his brace removal, Gorth had a course of physical therapy, including massage and exercise, to address his shoulder, neck, and back complaints. In summer 2016, a year post-accident, Gorth was determined to have reached maximum medical improvement; he ended treatment and returned to work. He worked for about another year, until his pain and limitations forced him to stop working altogether. He sought to recover a workers’ compensation lien of approximately $100,000. Gorth’s expert in orthopedic surgery causally related his injuries and treatment to the accident. According to the expert, Gorth’s condition is permanent and progressive, as he has developed adhesions around the fractured vertabra and bone fragments that are abutting the thecal sac. The expert recommended future surgeries to his shoulder and neck. Gorth testified that he was in excruciating, unrelenting pain due to the osteomyelitis, which his expert in orthopedic surgery described as one of the most painful conditions an individual can experience. Gorth said that he was unable to move and had to constantly sit in the chair during the months that he treated for the spinal infection. Gorth testified that he is in pain daily and is no longer able to pursue the active lifestyle that he had once enjoyed. He sought damages for past and future pain and suffering, disability and impairment, and loss of enjoyment of life. Stutzman’s expert in orthopedic surgery, who examined Gorth, testified that his shoulder injury consisted of a strain and sprain, not a labrum tear, and that he had made a full recovery from his spinal fracture. The expert attributed his neck complaints to his longstanding degenerative condition. According to Gorth’s counsel, Stutzman’s expert, on cross-examination, admitted that Gorth had suffered a labrum tear and that his thoracic fracture was a significant injury.

The jury found that Stutzman’s negligence was a proximate cause of Gorth’s damages. Gorth was determined to receive $6.8 million. The amount was to be offset by the $100,000 workers’ compensation lien.

Joseph Gorth: $6,800,000 Personal Injury: pain and suffering, disability and impairment, and loss of enjoyment of life

Judge:

Melvin L. Gelade

Trial Length:

3
 days

Trial Deliberations:

1.5
 hours

Jury Vote:

8-0

Jury Composition:

3 male/ 5 female

This report is based on information that was provided by Gorth’s counsel. Counsel of Hull, McCloskey and Van Rohr Equipment were not asked to contribute, and the remaining defendants’ counsel did not respond to the reporter’s phone calls.