Congratulations to our colleagues, Philip A. Garubo, Jr., Esq., and Rey O. Villanueva, Esq., who on December 14, 2015, after a ten day trial before the Honorable Andrea Carter, J.S.C., obtained a favorable verdict in the Superior Court of New Jersey on behalf of their client who was operating a bus involved in an accident with a tractor trailer on the New Jersey Turnpike.
As a result of the accident, the 45-year old Plaintiff alleged that he suffered a Traumatic Brain Injury, a cervical herniation requiring surgery, and bilateral shoulder injuries also requiring surgery. Plaintiff’s five medical experts testified at trial that the injuries sustained by the Plaintiff were not only related to the accident, but were also permanent. The defense medical experts disputed the permanency of Plaintiff’s injuries and opined that the Plaintiff did not require a cervical discectomy and fusion. The Defendant’s neuropsychological expert testified that the Plaintiff sustained a concussion in the accident with no cognitive impairments, in addition to opining that Plaintiff suffered from pre-existing anxiety, psychotropic medication use, and a panic disorder.
The Plaintiff also alleged an economic loss as a result of the accident in excess of $1,000,000.00 while claiming that he was 100% vocationally disabled. On cross-examination of the Plaintiff’s “vocational economic” expert, Mr. Garubo elicited testimony that called into question the basis of the expert’s opinion that Plaintiff was 100% vocationally disabled, including an admission by the expert that he did not perform any vocational testing, did not conduct a face to face interview with the Plaintiff, and offered opinions that were contrary to Plaintiff’s treating doctors and other experts that testified before the jury.