New Jersey Verdicts

Plaintiff(s):

Angelique M. Baker (Female, 39 Years)

Plaintiff Attorney(s):

William S. Greenberg;
Greenberg Minasian, LLC;
West Orange,
NJ,
for
Angelique M. Baker ■ Lawrence D. Minasian;
Greenberg Minasian, LLC;
West Orange,
NJ,
for
Angelique M. Baker

Plaintiff Expert(s):

Ellen Rader-Smith;

Vocational Rehabilitation;
Towaco,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ George Carnevale;
Ph.D.;
Neuropsychology;
Clifton,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Harold Bialsky;

Vocational Rehabilitation;
Jersey City,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Robert Klingen;

Accident Reconstruction;
Mahwah,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Steven Nehmer;
M.D.;
Orthopedic Surgery;
Union,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Richard Luciani;
M.D.;
OB-GYN;
Millburn,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Stephen Smith;
M.D.;
Infectious Diseases;
Newark,
NJ called by
William S. Greenberg, Lawrence D. Minasian ■ Patricia Iyer;
M.S.N.;
Pain & Suffering Evaluations;
Flemington,
NJ called by
William S. Greenberg, Lawrence D. Minasian

Defendant(s):

Jean Valme, 

New Jersey Transit

Defense Attorney(s):

David P. Weeks;
Ruprecht Hart Weeks & Ricciardulli, LLP;
Westfield,
NJ,
for
Jean Valme, New Jersey Transit

Defendant Expert(s):

Kevin Bell;
Internal Medicine;
Summit,
NJ called by
David P. Weeks ■ Wayne Nolte;
Accident Investigation;
Hazlet,
NJ called by
David P. Weeks ■ Jeffrey Pollock;
Neurology;
Summit,
NJ called by
David P. Weeks ■ Wendell Scott;
Orthopedic Surgery;
South Plainfield,
NJ called by
David P. Weeks

On Jan. 7, 2011, plaintiff Angelique M. Baker, 39, was run-over by a New Jersey Transit bus driven by Jean Valme. The accident occurred almost immediately after Baker had gotten off the bus at the intersection of South Grove Street and Sussex Avenue in East Orange. Baker suffered multiple injuries that included crushing pelvic fractures and traumatic brain damage. Baker sued NJ Transit and Valme for negligence. She had little recollection of the accident and there were no eyewitnesses, so the accident had to be proven by the plaintiff’s counsel forensically and circumstantially. The driver testified that Baker was a passenger and he recalled her stepping off the bus, but the defense disputed that the vehicle struck Baker as it pulled away from the curb. Plaintiff’s counsel presented accident-reconstruction evidence to advance the theory that one or both of two string bags that Baker was carrying snagged on the side of the bus near the door she had just exited and dragged her an estimated 25 feet before the rear right wheel of the bus ran over her mid-body. Paramedics responding to the scene noted in their reports that Baker was struck by a bus and that the grommets and strings of Baker’s bags appeared to have been stretched and partially ripped. The driver maintained that he followed proper procedures and observed that the side of the bus was clear of pedestrians as the vehicle pulled away from the bus stop. Baker, who had AIDS, was on her way to a drug rehabilitation clinic when the accident occurred, which was an issue germane to both liability and damage issues at trial.

Baker was taken by ambulance to a nearby hospital, where she arrived in a coma. She was diagnosed with a concussion and closed head injury. Baker remained hospitalized for three months. She was treated for blunt-force head trauma and underwent multiple surgeries for 12 fractures to her pelvis and elbow, which also involved the humerus. Her pelvis injury was described as "open book" and involved both sides. The numerous open reduction surgeries involved the insertion of 28 screws. Baker was also treated for vaginal injuries that included a deep laceration measuring 6 cm that led to systemic sepsis infection. The initial use of catheters was complicated by the inability of doctors to identify functional components of Baker’s urinary tract and there was a permanent shifting of her uterus. Additional fractures included distal spinous process fractures at L4-L5 and L5-S1. Baker received numerous blood transfusions during her hospitalization. Upon her discharge from the hospital, Baker received six months of inpatient rehabilitation therapy. She remains wheelchair-bound and has since lived with her mother, who is her primary care giver. During the course of Baker’s treatment, it was discovered that she suffered from end-stage AIDS that was attributed to her drug addiction prior to the accident. She was treated for her AIDS condition and by the time of trial was no longer diagnosed with ongoing AIDS but she remained HIV positive. The issues of Baker’s drug addiction and resulting AIDS was an issue of contention at trial as it related to her life expectancy and complications to her recovery because of this arguably self-inflicted condition. Plaintiff’s medical experts maintained that she was well treated for this condition and her life expectancy was no longer impacted. The defense experts contended otherwise. It was undisputed that plaintiff incurred about $1,400,000 in past medical expenses. Plaintiff sought at trial an additional $3,600,000 for future medical expenses. The defense argued that the future medical expense claim presupposed a fallacious life expectancy.

The jury found that Valme’s negligence was the sole proximate cause of the accident and awarded Baker $17,021,387 in damages. The award included $5,000,000 for pain and suffering due to undisputed injuries, and $7,000,000 for pain and suffering from disputed injuries. The award also included $1,404,776 for past medical expenses, and $3,616,611 for future medical expenses for disputed and undisputed injuries. NJ Transit was self-insured.

Judge:

W. Hunt Dumont

Trial Length:

6
 weeks

Trial Deliberations:

1.15
 hours

Jury Vote:

8-0

Post Trial:

An appeal of the verdict is anticipated.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel declined to contribute.