We all love the thrill of a roller coaster, but are we putting ourselves in danger every time we board these rides? Amusement park accidents are always a possibility — and traumatizing is an understatement when describing these accidents’ impact on victims. A rider can face serious injury or tragedy as a result of machinery malfunctioning or a violation of safety regulations.

While this does not necessarily mean you should avoid roller coasters altogether, it should be a cause for concern. These amusement park accidents are not common, but the casualties can be irreversible when they occur. We will discuss the history of injuries in amusement parks, the most common injuries in these parks, and the most dangerous rides so you or your loved one can avoid becoming an example for future generations.

History of Injuries in Amusement Parks

You’ve probably heard the horror stories about people who have suffered a severe injury — or worse — at the hand of a malfunctioning ride, a negligent roller coaster operator, or an aloof company. These narratives can be so horrific that some people have decided to permanently avoid roller coasters and other rides.

In 2019, there were around 1,299 amusement park injuries in the United States alone. This means that for every million amusement park visitors in the US, there were around four who sustained injuries. This number is alarming, especially considering that it mainly consists of roller coaster accidents.

Disneyland is among the most popular theme parks in the United States and internationally. The park is filled with roller coasters and other creative rides that children love. One of the reasons why Disneyland still thrives as a theme park is due to its variety of recreational facilities and themed rides; however, this does not mean that these rides are always safe.

Surprisingly, from 1955 – 2006, there were 100 reported cases of accidents in this well-known and prestigious theme park; out of these 100 accidents, 25 deaths followed these accidents. The rides that caused the loss of these victims include the American Sings/Carousel of Progress, Big Thunder Mountain Railroad, Matterhorn, PeopleMover, Roger Rabbit’s Car Toon Spin, and Sailing Ship Columbia.

Aside from these accidents, there has been more than one report of visitors to theme parks, particularly Disneyland, sustaining injuries in freak accidents that resulted in intensive medical attention or tragic loss. One young visitor was hit by a stray bullet, another was injured after a tree fell on them, and yet another victim drowned in the water ride Rivers of America.

Common Injuries at an Amusement Park Ride

As we’ve established, an unexpected injury can happen to any park visitor. An accident can affect anyone if they sustain injuries resulting from a dramatic roller coaster accident or a small slip on a wet floor.

The following are the most common injuries that have happened at these parks:

Neck, Head, and Back Injuries

These injuries often happen due to the force of being thrown and whipped around on roller coasters, spinning rides, and other fast amusement park rides where the rider has no control over their body.

Roller coasters toss a person’s body around with extreme force. Thus, a roller coaster injury may occur if there’s insufficient gear or safety restraint to protect the riders from potential hazards or the employees managing the ride do not exercise due diligence. These can be as minor as nausea and whiplash and as bad as a traumatic brain injury. These amusement park rides can also cause trauma to the bones, muscles, and ligaments surrounding the neck area.

Lacerations

Lacerations are one of the common injuries sustained at a water park or amusement park ride. Any sharp objects may cause lacerations; these may be deteriorating materials on a roller coaster, an unsecured item falling from an amusement park ride, or simply a broken cup that an unsuspecting water park guest steps on with bare feet. Ride operators or other employees often treat these lacerations with first aid. This kind of injury can often be severe, especially if the laceration is on a particularly vulnerable part of the body.

Bruises

Bruises can happen on amusement park rides by simply bumping a body part into a particular ride or structure. While less common, people may also sustain bruises from unsecured items that fall from a roller coaster or from objects that are intentionally thrown from a roller coaster by unsupervised children. In the case of an accident, guests may also fall from amusement park rides. Even if they are lucky enough to avoid a severe injury, they will likely bruise quite dramatically as the injury heals.

Broken Bones

Broken bones are common among adults and children alike, especially if they have weak bones due to preexisting conditions. For example, if children or a guest with a bone disease were to get into a roller coaster accident, they would be far more likely to sustain severe injuries from the accident. However, this can also happen when a person exits or enters a ride improperly, falls from the stairs, or falls from a steep ride at a water park. The most dangerous instance of broken bones is when a person falls during a roller coaster accident; the person in this example would be very unlikely to survive the incident without a severe injury.

Torn Ligaments

Torn ligaments are often caused by the excessive twisting of body parts or premature landings. This is a typical roller coaster accident in an amusement park. However, torn ligaments may also be caused by a mild ankle sprain from a person tripping and falling, especially when the sprain is not treated immediately.

Stroke and Brain Aneurysms

Strokes caused by amusement park incidents are quite rare. However, there are still reported cases of such incidents happening on amusement park grounds. An example of such a case includes a 12-year-old child who manifested symptoms such as the inability to use his right arm, facial droop, and slurred speech after riding several roller coasters in a theme park. He was then diagnosed with an infarction at the left middle cerebral artery (MCA), which had been exacerbated during his trip to the park.

The little boy was medicated with anticoagulants and was soon found to have acquired the stroke due to the high head accelerations one can experience on a roller coaster ride.

The American Association of Neurological Surgeons has also found evidence that the stress of riding roller coasters can affect the brain and, in the long run, lead to an increased risk of a brain aneurysm.

Concussions and Other Traumatic Brain Injuries

Concussions and trauma to the head are often attributed to the jerky movements and high G-force of roller coaster rides. While there is a low possibility of these head motions turning into full-blown roller coaster accidents, the risk is still there, especially for those who are survivors of a previous traumatic brain injury.

Paralysis

If a victim experiences paralysis caused by a roller coaster accident, it is often associated with an injury to the spine if certain parts of the body are seriously injured while on these rides, there is a higher possibility for the victim to experience paralysis.

In one such case, a guest in a Florida water park was instructed by the ride operator (who, in addition to the company running the park, the guest later alleged was responsible) to lie flat on his stomach on a water slide. Unfortunately, the guest’s impact with the water caused his head to snap back, severely damaging his spinal column. This caused him to stay paralyzed until the rescuers arrived.

The victim and his family sought counsel from attorneys. They filed a claim against the park, insisting that they were at fault for his accident due to the lack of a sign to warn guests of the potential hazards that their slide posed and that they should be held responsible for his pain, medical bills, and more due to their negligence.

Amputation

One of the most gruesome results of roller coaster accidents is the amputation of body parts. This is often caused by flimsy ride structures that either fall or break in the middle of operation.

One such accident happened to 17-year-old Leah Washington in the UK. Washington was riding in the front row of a roller coaster in Alton Towers when the ride crashed into an open carriage in front of it. The injury to her right leg forced doctors to amputate the limb. Fortunately, before any victims could even reach out to attorneys, Alton Towers reached out to those who had suffered injuries, admitted fault, and promised to be responsible for any ensuing medical fees. While the injured still worked with attorneys to establish their claim amounts and file them properly, everyone involved was promised swift and full payment for the incident.

Death

Losing a loved one in the middle of an enjoyable time in an amusement park can be traumatizing and debilitating. While a tragic loss eventually requires acceptance, it also calls for roller coaster accident lawsuits. Death can happen anytime, but it’s especially unfortunate when this happens at an amusement park, where fun and good memories are expected. The loved ones of those lost should always seek the support of attorneys to ensure that those responsible are held accountable.

The Amusement Park Rides That Cause the Most Injuries

For reference, below are the most common injuries sustained in an amusement or water park.

Roller Coasters

Roller coasters have been known to be the primary cause of injuries and death in amusement parks. Roller coaster accidents are usually to blame when something unfortunate happens therein. They are also the machine most likely to experience mechanical failures and unsecured protective gear. While sudden twists and turns are often to blame, the fault often rests on the employees and management when a malfunction like this happens.

Water Rapids

While it’s pretty evident that water rapids are dangerous due to possible drowning, these rides can also cause acute injuries. This is due to the rushing torrent of water and the solid structures surrounding the area that people may bump into. Riders may experience head trauma if the protective gear is loosely fastened or of poor quality.

What to Do in the Event of an Amusement Park Ride Injury

A roller coaster accident is rare, but it happens. And when it does, the casualties are usually massive and heartbreaking. You’ll never know the weight of what might happen when all you want to do is enjoy the sights and participate in the fun rides. Victims of roller coaster accidents seldom anticipate injuries or see any sign that they may suffer from an injury brought about by amusement park rides.

If you have been involved in such a roller coaster accident or other park accident, you are not to blame for anything. You deserve compensation for the suffering you have gone through. We understand that it is overwhelming to deal with the legal battle for compensation while recovering from a painful injury; this is why a reliable law firm that can provide a supportive and effective attorney-client relationship is necessary in cases like these.

New Jersey law requires an injured person to notify the amusement park owners within 90 days of the incident or risk losing their right to pursue a personal injury case.

As soon as you receive the medical attention you need, contact lawyers who specialize in amusement park accidents, like Rossetti, DeVoto, PC. The amusement park must be held liable for the roller coaster accident; you and others involved may file a claim for damages related to their negligence. These claims are best pursued with our seasoned and skilled attorneys specializing in personal injuries, particularly amusement park injuries.

Rossetti, DeVoto, PC can protect your rights and get you the compensation you deserve based on the extent of your injuries. Our attorneys will be more than willing to listen to your story and advise you on the best possible path forward, given your unique circumstances. Our lawyers have years of experience in the field and can drastically increase your odds of winning your case so you and others involved can have justice for your injuries or your loss.

Contact our offices in Cherry Hill, Hackensack, and New Brunswick for more information. Our highly skilled lawyers will see that you get the compensation you deserve.

Products Liability: Knowing & Preparing for NJ’s Successor Liability

By: Andrew J. Rossetti, Esq.

What is Exactly Successor Liability?

Your company is looking to purchase another entity’s assets. Your in-house counsel has overlooked the purchase agreement and made sure it incorporated the general rule of successor liability: a company acquiring all of a seller’s assets shall not be liable for that seller’s debts and liabilities, including those arising out of tortuous conduct. You feel like you covered all of your bases, but are you really clear of all successor liabilities? The answer is NO…well, at least not in New Jersey.

Courts have generally recognized four exceptions that warrant the imposition of successor liability: (1) where the purchasing corporation expressly or impliedly agreed to assume such debts and liabilities; (2) the transaction amounts to a consolidation or merger of the seller and purchaser; (3) the purchasing corporation is merely a continuation of the selling corporation; or (4) the transaction is entered into fraudulently in order to escape responsibility for such debts and liabilities. [1]New Jersey has added to this list.

Origination of the Product-Line Exception and Connection to Successor Liability

The New Jersey Supreme Court adopted the “product-line exception” to successor liability. In fact, the concept originated in 1977 from the California Supreme Court in Ray v. Alad Corp. In Ray, the plaintiff got an injury in a fall from a defective ladder. One year prior to the injury, the manufacturer of the ladder dissolved and sold its assets, stock in trade, trade name and goodwill. Furthermore, the purchasing entity continued to manufacture the same line of ladders as the selling corporation.

Moreover, they used the same name, equipment, employees and customer lists. [2] So, the California Supreme Court concluded that “a party which acquires a manufacturing business and continues the output of its line of products…assumes strict tort liability for defects in units of the same product line previously manufactured and distributed by the entity from which the business was acquired.” [3] And just like that, the product-line exception to successor liability was born.

In fact, the Ray court gave a three-part justification for  imposition of potential liability upon a successor corporation that acquired the assets and continued the manufacturing operation of the predecessor: “(1) The virtual destruction of the plaintiff’s remedies against the original manufacture caused by the successor’s acquisition of the business, (2) the successor’s ability to assume the original manufacturer’s risk-spreading role, and (3) the fairness of requiring the successor to assume a responsibility for defective products that was a burden necessarily attached to the original manufacturer’s good will be enjoyed by the successor in the continued operation of the business.” [4]

Currently, California, Washington, New Mexico, Pennsylvania, Mississippi and of course, New Jersey have adopted or referred favorably to the product-line exception. [5]

New Jersey’s Establishment of the Product-Line Exception

In 1981, the New Jersey Supreme Court officially adopted the product-line exception in the seminal case Ramirez v. Amsted Indus., Inc. In Ramirez, the plaintiff suffered an injury while operating an allegedly defective power press.  From a purchase agreement years earlier, the defendant acquired the selling corporation’s trade name, physical plant, manufacturing equipment, inventory, manufacturing designs, patents and customer lists. [6]

The Court formulated a rule and stated that “where one corporation acquires all or substantially all the manufacturing assets of another corporation, even if exclusively for cash, and undertakes essentially the same manufacturing operation as the selling corporation, the purchasing corporation is strictly liable for injuries caused by defects in units of the same product line, even if previously manufactured and distributed by the selling corporation.” [7]

Moreover, the Supreme Court reasoned that by acquiring the selling corporation’s trade name, plant, employees, manufacturing equipment, designs and customer lists, and by holding itself out to potential customers as the manufacturer of the same line of the selling corporation’s products, the selling corporation benefitted substantially from the legitimate exploitation of the accumulated good will earned by the selling corporation’s product line. [8]

The Exact Product Line?

So what constitutes the same product line? Although Ramirez makes this a requirement, our court system has not laid out a specific definition. Fortunately, there has been some guidance on the issue from Bussell v. DeWalt Products Corp.. In Bussell, a saw manufactured by DeWalt amputated the plaintiff’s thumb and three fingers. Years earlier, Black & Decker purchased DeWalt’s saw manufacturing assets.

Defendant argued that the saw in question was not the same product line because it was upgraded over the years and was not the same exact product as the DeWalt saw. However, the Court found that it was unimportant that the saw manufactured by Black & Decker was updated with technological advances and thus was not the exact same one manufactured by DeWalt. Moreover, the Court stated that the successor must undertake essentially the same manufacturing operation; the operation need not be identical. [9]Therefore, the word “same” does not necessarily mean exact.

Product-Line Exception in a Bankruptcy Sale

The New Jersey Supreme Court in Lefever v. K.P. Hovnanian Enter., Inc. revisited the product-line exception. The case involved an asset sale under a Bankruptcy Section 363 Order. In Lefever, a forklift operator who was injured, brought an action under the product line exception against the manufacturer’s successor that acquired the product line owner’s assets at bankruptcy sale.Among other things, these assets included the engineering data, dealers, inventory, work in process, accounts receivable, plant and manufacturing equipment. [10]The purchasing corporation also benefited from claiming that the predecessor’s founder was the founder of their company and that their product quality and leadership role in the forklift industry never changed. They also claimed to have the same personnel and same dealers with a “continuity of enterprise.” [11]

The Lefever court followed the product line exception from Ramirez and held for the plaintiff, reasoning that recourse is justified when a successor corporation enjoys the trade name, good will and continuation of an established manufacturing enterprise. Moreover, the Court stated: “Ready access to counseling…enabled [the purchasing corporation] to structure the acquisition to avoid or accept successor liability. However, it should not seek to have it both ways—trading on the good will generated by a long-standing customer base, yet disavowing responsibility to those same customers.” [12] Therefore, unless a bankruptcy court has “dealt with” the claim, the product line exception applies. [13]

Preventative Steps Buyers Can Take when It Comes to Successor Liability

Beginning with your purchase agreement, make sure it is clear, unambiguous and expressly states that the purchaser will not assume any of the seller’s debts or liabilities. An additional indemnity clause should also be included. Next, before finalizing any type of asset purchase agreement, a potential buyer should analyze the potential sources of liabilities. Then, complete an investigation entailing a thorough review of the industry the seller is involved in. Identify any product or practice that may give rise to post-sale liability. Certain industries will involve products that come with higher occurrences of claims; you must account for this.Once you are fully informed of this information, you will have the ability to discuss perhaps the most important step, insurance.

Still, potential buyers should make sure that they maintain insurance that covers the pre-sale conduct and products of the selling company. In fact, one way this can be done is to negotiate for the selling corporation to maintain their corporate existence post-closing and retain an additional post-closing insurance policy. Furthermore, a selling corporation can also fund and set aside a future occurrences account for any future liability claims. Additionally, these terms will have to be negotiated between the selling and purchasing corporation. In fact, any discrepancy can be solved by adjusting the purchasing price of the entity’s assets. However, if you are a purchasing company, it would definitely be beneficial for you to pay a little more and not be subject to successor liability for past products.

To Conclude

Lastly, remember Ramirez! In New Jersey, if you purchase substantially all of the manufacturing assets of a company and undertake essentially the same manufacturing operation as the selling corporation, you are strictly liable for injuries caused by defects in units of the same product line, even if the former company manufactured them. Take this legal rule into account if you are going to continue to produce the same (not exact) product line of the selling corporation and do not forget to negotiate the future liability in the purchase agreement.

Andrew Rossetti is a plaintiff’s personal injury attorney and partner at Rossetti & DeVoto, PC, in Cherry Hill, New Jersey.

References

[1] Ramirez v. Amsted Indus., Inc., 86 N.J. 332, 340-41 (1981)

[2] Ray v. Alad Corp., 19 Cal.3d 22, 560 P.2d 3, 136 Cal.Rptr. 574 (1977)

[3] Ray v. Alad Corp., 19 Cal.3d at 29, 560 P.2d at 7, 136 Cal.Rptr. at 578.

[4] Ray v. Alad Corp., 19 Cal.3d at 31, 560 P.2d at 9, 136 Cal.Rptr. at 580.

[5] Martin v. Abbott Labs., 689 P.2d 368 (Wash. 1984); Dawejko v. Jorgensen Steel Co., 434 A.2d 106 (Pa.Super. 1981); Ramirez v. Amsted Indus. Inc., 431 A.2d 811 (N.J. 1981); Garcia v. Coe Mfg. Co., 933 P.2d 243 (N.M. 1997); Huff v. Shopsmith Inc., 786 So.2d 383 (Miss. 2001) (agreeing with the exception in dicta).

[6] Ramirez v. Amsted Indus., Inc., 86 N.J. 332, at 335, 352 (1981)

[7] Ramirez v. Amsted Indus., Inc., 86 N.J. 332, 358 (1981)

[8] Ramirez v. Amsted Indus., Inc., 86 N.J. 332, 352 (1981)

[9] Bussell v. DeWalt Products Corp., 259 N.J. Super. 499, 518 (App. Div. 1992)

[10] Lefever v. Lull Indus., Inc., 311 N.J. Super. 1, 3-4 (App. Div. 1998) aff’d sub nom. Lefever v. K.P. Hovnanian Enter., Inc., 160 N.J. 307 (1999)

[11] Lefever v. K.P. Hovnanian Enter., Inc., 160 N.J. 307, 326 (1999)

[12] Lefever v. K.P. Hovnanian Enter., Inc., 160 N.J. 307, 327 (1999)

[13] Lefever v. K.P. Honanian Enter., Inc., 160 N.J. 307, 316 (1999)

When you are injured in an accident, it can be a scary experience. You will want someone fighting tooth and nail for you. Many times, New Jersey residents will assume that going with a large national firm is the best choice for their circumstances. This is more often than not the wrong choice. New Jersey personal injury attorney, however, can be the right one.

There are many benefits to hiring a local firm and your outcome may even be better than hiring a national firm. However, this is essential to personal injury cases and not for every kind of case. For example, an intellectual property case may not be heavily influenced by the location of the law firm.

A Personal Approach

Local firms can provide a personalized approach since they have established relationships with local health care providers, medical examiners, and other medical communities. It can be difficult for a national firm to do the same as they may not have the resources or knowledge to do so. They are not on the ground and will have a hard time finding these essential resources.

Another benefit of having a local firm is the relationships they have with local courtrooms, judges, and other lawyers. They can develop better strategies knowing who they are up against. This can also help to keep the case moving along without any delays.

More than Just a Number

When you go for a local New Jersey personal injury attorney you are opting for a personal touch to your case. Having a local attorney means that you will have access to them and will be able to more conveniently meet with them. They can also travel to your home or business if need be. You are more than just a number when you hire a local law firm.

Big Firms, More Numbers

When you think of a big firm, your mind often goes to the big numbers they can bring in. However, local firms can also bring in big cases with one caveat. Since it is a local firm, it is often easier to get big numbers but for fewer clients. Having a personal approach means that not every case will be on the roster in order to give every case the attention it deserves. At a national firm, they can take on a large number of cases which can often get convoluted and intermixed. This can cause issues down the line.

Why Local Works

Local firms work because they know the area where you were injured and can easily navigate the issues in court. We also have access to local resources like relations with local law enforcement agencies and investigators. A local New Jersey personal injury attorney can also find expert witnesses that are familiar with the highways and all of the local areas where you may have been injured.

Contact a New Jersey Personal Injury Attorney

When looking for a local firm it is important to find a New Jersey personal injury attorney who has the experience and is well-respected in the community. Now that you have decided to go local, you will need to find a firm that aligns with your needs. Contact Rossetti DeVoto, P.C., at 856-475-8559 to discuss your case today.

$7.5 Billion settlement was awarded for the citizens of New Jersey against the Tobacco Industry. The suit sought to recover billions of dollars that the state and its taxpayers paid through the Medicaid program for health care costs attributable to smoking related illnesses. Lou DeVoto did extensive work on this landmark settlement, along with six other law firms and the State Attorney General.

$9.5 Million settlement medical malpractice settlement for birth injuries sustained shortly after birth at a hospital in South Jersey after a hospital lab worker incorrectly entered a critical lab test result into the hospital’s electronic medical record. Doctors in the NICU then negligently discontinued an anti-viral medication without seeing the actual test result and without obtaining several other tests results, either of which would have alerted them to the error. The medication was needed to treat the herpes simplex virus and had been prophylactically prescribed while awaiting for the test results to come back from another hospital that was better equipped to perform the testing. Because of these catastrophic system failures, the herpes simplex virus went incompletely treated and virus continued to attack the child’s central nervous system leaving her with brain damage, cerebral palsy and in need of life-long care. Lou DeVoto represented the family.  This was 5th highest personal injury settlement in New Jersey for 2020 according to the New Jersey Law Journal .

$7.1 Million settlement for the wife and children of a man who was tragically killed when a tractor trailer driver crashed into the family car on the NJ Turnpike. Evidence uncovered during the case showed that the tractor trailer driver had been on duty and driving for 18 straight hours violating federal law.  The truck driver, who had been stopped on the shoulder of the turnpike, pulled back onto the turnpike directly into the path of RD’s client causing a horrific crash. Andy Rossetti represented the family. Click here to read the published article of the settlement – One of the Top 10 Personal Injury Awards of the Year.

$5.5 Million Jury Verdict against General Motors. Harold Tucker, 69-year-old Salem man, was paralyzed from the chest down in a car crash.  Mr. Tucker’s injuries resulted when his head hit the windshield after a rear-end impact despite being seat belted.  Evidence uncovered during the case showed that the seatbelt locking mechanism was defectively designed allowing the seatbelt to spool and remain extended if a passenger leaned forward to, for example, change the radio or reach into the glove box.  Experts testified that a proper design would result in the automatic retraction of the belt once the passenger returned to his normal seating position. Unfortunately, the defect prevented this from occurring on a consistent basis and internal GM documents uncovered during discovery proved that they knew their seat belt design was faulty and that they would pay in the courts someday.   The jury agreed and ordered General Motors to pay $5.5 million in damages. Andy Rossetti represented Mr. Tucker.

$5.5 Million confidential settlement for medical malpractice against physician group and hospital in Pennsylvania for negligent care and treatment of a young women who sustained life altering injuries.  Lou DeVoto handled the case for RD.

$4.75 Million settlement against a South Jersey waterpark operator that served alcoholic beverages to a visibly intoxicated parent who then drove home drunk and crashed his car, killing one child (age 8) and seriously injuring the other (age 9).   The parent had been served the equivalent of 15-17 shots of alcohol in a 3-1/2 hour period and his blood alcohol level was estimated to be .21 when he was last served.  Lou DeVoto and Melissa represented the family and uncovered evidence during the case that established a pattern of negligent alcohol service with parents sitting at the bar and becoming intoxicated instead of supervising their children and making certain that they were fit to drive them home.

$— Confidential settlement for a birth injury caused by medical malpractice. The child suffered from Erb’s palsy after an Ob-Gyn failed to recognize and react to a birth emergency known as shoulder dystocia, which occurs when the baby’s shoulders get stuck behind the mother’s pubic bone preventing the baby from moving through the birth canal. The child sustained severe neurological injuries to his one arm due to the improper maneuvers to dislodge the shoulder. Lou DeVoto handled the case for RD.

$— Confidential settlement against limousine company that failed to prevent one passenger from beating another despite having opportunity to stop or seek help. Andy Rossetti represented RD’s client.

Over $4 Million awarded by a jury for the plaintiff who has been disabled due to a poorly designed seat belt in a Toyota pick-up truck. Andy Rossetti assisted in representing the injured plaintiff.

$3.5 Million settlement obtained on behalf of our client who was scalped by a workplace conveyor. Andy Rossetti represented the plaintiff who had devastating and debilitating injuries.

$2.75 Million settlement obtained on behalf of our client who was severely injured by a defectively designed delivery van. Andy Rossetti handled this complex products liability case resulting in brain injuries and life-long problems for RD’s client.

$2.65 Million settlement for Industrial Explosion. Three prominent law firms all turned case down. A Camden City resident will receive $2,650,000.00 in settlement of claims arising out of an industrial explosion. Our client was 44 years old at the time when he was injured during the work place explosion. Lou DeVoto handled this catastrophic, high-risk case.

$2.6 million settlement on the day of trial against the City of Clifton for damages sustained by RD’s client who was cut-off by a city garbage truck while approaching an intersection on his bicycle. RD’s client landed under the truck and sustained fractures to his arm and shoulder, scarring to his face and was subsequently blinded from a medical complication that arose during one of his scar revision surgeries. The defense claimed that RD’s client caused the crash and that he was also at fault for not wearing a helmet. Lou DeVoto represented RD’s 46 year-old client. One of the Top 20 Personal Injury Awards of the Year.

$2.5 Million settlement several construction companies and a machine manufacturer paid $2.5 million to the worker for injuries he sustained on a construction site. He lost his leg and his vision in one eye after an unstable machine was allowed onto a job site and was assigned for use by the general contractor in an area for which it was not intended. Andy Rossetti represented the injured worker.

$— Confidential settlement for psychiatric malpractice that caused a patient to become delusional and kill an innocent child. Andy Rossetti handled the case for RD.

$2.3 Million Jury Verdict by a Camden County Judge to a 29-year-old Sewell, New Jersey mother and her 5-year-old daughter for damages arising from the death of their husband/father. The wife was only 24 years old and pregnant with the couple’s first child when her husband was killed in a car crash. Another driver disregarded a stop sign and a red flashing light and collided into his van at 50 mph. Lou DeVoto represented the mom and her young daughter. Click here to read the published article of the settlement

$2,225,000 settlement paid by the City of Camden for deaths of three children who died as a result of a negligent police search after the children went missing. Andy Rossetti represented one of the families in this tragic case.

$1.9 Million settlement for the wrongful death of a 16 year old autistic student that occurred at a public school swimming pool where overwhelming evidence demonstrated that the lifeguards failed to adhere to school policies and Red Cross lifeguarding standards all of which led to the tragedy. Lou DeVoto represented the family.

$1.85 Million settlement for severe leg fracture in 62 year old client injured in an automobile crash. Lou DeVoto handled the case for RD.

$1.85 Million settlement against the City of Camden for the family of a murder victim after the City negligently misplaced a 911 call and failed to respond to a violent crime in progress. Andy Rossetti represented the family.

$1.8 Million settlement for Texas truck driver who suffered mild brain injuries in New Jersey in Turnpike crash. The case was settled after three days of trial in Middlesex County, New Jersey. Lou DeVoto handled the case for R&D.

$1.8 Million settlement for the victim, a pedestrian injured while crossing a major intersection. Lou DeVoto assisted in representing the family.

$1.7 Million settlement for anesthesiological malpractice after the anesthesiologist incorrectly inserted a tube in the plaintiff’s esophagus when the plaintiff has a pre-exiting artificial opening in the neck from a previous laryngectomy, thirty years before. Andy Rossetti represented the family.

$1.6 Million Jury Verdict from a Gloucester County jury to a Woodbury Heights boy who lost most of his left hand in a 1995 fireworks explosion. The jury award included $372,590 for future medical bills, $300,000 for future lost wages and $927,410 for pain and suffering. Lou DeVoto represented the young boy and his mother. Click here to read the published article of the settlement

$1.6 Million Products Liability settlement for a 24 year old woman severely injured while riding in a reclined position in her vehicle. Andrew J. Rossetti brought national attention to the hidden dangers of reclining seats in a case against Chrysler.

$1.5 Million settlement paid by South Jersey Golf Course after dead tree branch fell 20 feet onto golfer causing rib and spinal fractures and hospital complications in RD’s 72 year-old client. Lou DeVoto handled the case.

$1.5 Million Paid by State of New Jersey during trial to Injured Motorcyclist. The State of New Jersey paid $1.5 million to a motorcyclist injured in a crash with a State Trooper. The settlement occurred after three days of trial before the Honorable Martin Herman, JSC in Cumberland County. Lou DeVoto represented the plaintiff. Click here to read the full details.

$1.5 Million Jury Verdict against Cumberland County for dangerous road conditions that caused severe injuries to our client when he crashed going over the roadway on his motorcycle. County had been out to repair the road 50 times prior to the crash without successfully correcting the hazardous condition. Lou DeVoto represented the plaintiff and tried the case for the firm.

$1.5 Million medical malpractice settlement for the widow, of a 43 year old man, who died after being negligently treated by a doctor and nurse at a south jersey hospital in January 1999. Lou DeVoto uncovered grave medication errors made by a nurse and pulmonologist at a south jersey hospital which caused the death of the man. Click here to read the published article of the settlement

$1.5 Million settlement for a man who was severely injured in an industrial explosion when a manufacturer of a regulator failed to warn users of the dangerous nature of its product. Andy Rossetti represented the injured man.

$1.4 Million settlement for a 38-year-old Mays Landing laborer severely injured on a construction site in South Jersey. Andy Rossetti represented the man.

$1.4 Million jury verdict for the family of a man killed in a gasoline tanker explosion. Andy Rossetti and Lou DeVoto assisted in representing the family.

$1.375 Million settlement for two Navy recruits seriously injured in car crash while being driven by Navy officer in a government owned vehicle. Lumbar fusion surgery, manipulations under anesthesia, psychological injury and loss of future earnings and Navy careers. Andy Rossetti handled the case for RD.

$1.35 Million settlement for a 24-year-old Bridgeton man whose hand was amputated in a defective vegetable-processing machine. Lou DeVoto represented the young man. Click here to read the published article of the settlement.

$1.3 Million settlement for two young Navy recruits who were both seriously injured when the driver of their Navy owned vehicle negligently pulled out from a stop sign and crashed into oncoming traffic. Andy Rossetti handled the case for RD which was filed in Federal Court under the Federal Tort Claims Act.

$1.3 Million settlement for a machinist in Millville, New Jersey, who was assigned to “upkeep” on a glass bottle manufacturing machine and as he was changing a neck ring his shirt became engulfed in flames when it came in contact with the 1500 degree bottles that are moved by conveyor. Andy Rossetti represented the injured man.

$1,287,500 settlement paid by Rita’s Water Ice to the woman whose leg was amputated after being struck by a car while waiting in line for Water Ice. The company has since installed barrier poles to prevent cars from striking pedestrians. Lou DeVoto represented the woman and her family.

$1.2 Million out-of-court settlement paid by various companies to the plaintiff, who contracted leukemia from exposure to a workplace chemical. Lou DeVoto assisted in the representation of the young woman.

$1.2 Million settlement paid by two trucking companies after a tractor trailer crash left our female client with neck and back injuries requiring two surgeries. Lou DeVoto represented RD’s client in the case.

$1.15 Million settlement for a 43 year old worker who lost part of his hand in a poorly guarded industrial machine. Lou DeVoto assisted in the representation.

$1.1 Million recovery for 50 year old Vineland man who suffered fractured neck and herniated disk in a rear-end car crash. RD’s client had a surgery to repair the damage to the disk in his neck but made a good recovery and had no loss of income or other economic loss. Lou DeVoto represent RD’s client.

$1,020,000 settlement for wrongful death case that resulted from a defectively designed and manufactured go-cart. Andy Rossetti represented the family.

$— Confidential Medical Malpractice settlement against Hospital of University of Pennsylvania for wrongful discharge of patient leading to infection and death. Lou DeVoto represented the family.

$— Confidential settlement against foreign resort for our client who was vacationing in Jamaica after resort shuttle bus made left turn into on-coming traffic causing fractured back.

$975,000 recovered South Jersey women seriously injured in a car crash when a salesman for a major electric supplier in South Jersey failed to stop at an intersection and T-boned our client’s vehicle. She fractured her hip and her back and required spine surgery to stabilize the fracture with orthopedic hardware and to remove a damaged disk in her spine. Lou DeVoto represented the women.

$975,000 settlement against the Washington Inn and Mother of Grace Lodge in Salem County after a chandelier fell from the ceiling and struck RD’s 77 year-old client in the head causing a traumatic brain injury and a neck injury. The neck injury required surgery to correct and still causes problems. The defendants’ combined insurance coverage was $1 million. Lou DeVoto represented RD’s client.

$950,000 settlement for a 46 year-old client who sustained serious knee and ankle injuries after a car crash in Cape May County. RD’s client had surgery on her ankle to repair a displaced talus fracture which required hardware and screws as well as a knee surgery to repair her damaged knee cap. Andy Rossetti handled the case for RD.

$950,000 medical malpractice settlement for our client who died from the failure of a rehabilitation hospital to position a feeding tube correctly resulting in a massive infection, sepsis and eventual organ failure. The defendant’s denied liability claiming that the patient was compromised before the feeding tube mishap claiming that the incident was not the cause of the death. Lou DeVoto represented the family.

$950,000 settlement for RD’s 42 year old female client injured after defendant made an illegal left turn and turned directly into our client’s vehicle. She sustained a complex comminuted fracture of the right foot and knee and was non weight bearing for years.$900,000 for RD’s client for neck and head injuries sustained in a crash on Route 295. Liability was hotly contested. RD’s client had a neck surgery and fusion and aggravated her underlying psychiatric condition which led to her being disabled from work as a financial analyst.

$945,000 settlement for woman injured by a defective workplace machine causing amputation to her thumb. The case, brought in Federal Court, was handled by Andy Rossetti.

$925,000 settlement for the family of a young boy who was killed by electrocution when a ladder he was using came in contact with a tree branch that then came in contact with a power line 15-20 feet away. The tree was not properly maintained by the power company and through an expert arborist, RD proved that the tree had not been maintained for more than 10 years instead of every 4 years as required by law. Andy Rossetti represented the family.

$925,000 settlement for South Jersey man seriously injured when he was struck by a negligent car driver while riding his motorcycle.  Lou DeVoto represented RD’s client.

$920,000 settlement against Camden City School District for brain injuries sustained by a 6 year-old student when he was struck by a car while crossing the street that went directly through the carnival event. A security guard was required to be posted at the crosswalk to alert and stop traffic but inexplicably was not present at the crosswalk when our young client crossed the street. The settlement was achieved after the Court denied defendant’s motion to dismiss based on the Tort Claim Act immunity. Lou DeVoto represented the child.

$900,000 for construction worked suffered a severely fractured wrist when he fell from a collapsing scaffold. The scaffold was not properly supported and our OSHA expert showed that OSHA mandated fall protection was not provided. Andy Rossetti represented the man.

$900,000 settlement for 29 year-old man injured when a tractor trailer making an illegal turn crashed into his car. RD’s client suffered a fractured patella with nerve damage and had a portion of his knee cap removed. Lou DeVoto represented RD’s client.

$900,000 settlement at Mediation for 59 year old woman injured in car crash causing traumatic brain injury and post-concussive syndrome. Lou DeVoto handled the case. The Mediator was Retired Superior Court Judge Mark Epstein.

$900,000 settlement at Mediation for man who sustained severe leg injury in motorcycle crash requiring surgeries and hardware. Andy Rossetti represented RD’s client. Retired Judge Tom Wallitsch presided at the Mediation.

$900,000 settlement for the wrongful death of 75 year old woman who was injured and died of a head injury after she tripped over negligently located parking bumpers in a South Jersey shopping center.

$900,000 settlement for mild brain injury sustained by a fifty two year old British citizen who was visiting friends in the USA when he was involved in a serious car crash. Lou DeVoto represented the injured man.

$900,000 settlement for a man who suffered amputations of his fingers when a punch press machine malfunctioned. The recovery was limited by the lack of insurance coverage. Lou DeVoto represented the man.

$900,000 settlement for crash victim left with a displaced tibia and fibula fracture of the leg that required surgery and wound care for massive infection. Andy Rossetti handled the case.

$900,000 settlement against a trucking company for crashing its dump truck into the rear of our client’s vehicle. RD’s client suffered from neck and head injuries and required a neck surgery and fusion. Defense claimed that RD’s client cut him off and caused the crash. Lou DeVoto represented RD’s client who was 45 years old.

$900,000 for RD’s client for neck and head injuries sustained in a crash on Route 295.  Liability was hotly contested.  RD’s client had a neck surgery and fusion and aggravated her underlying psychiatric condition which led to her being disabled from work as a financial analyst.

$875,000 recovery for the negligent service of alcohol at a national restaurant chain that resulted in a husband and father being killed in a car crash after leaving the restaurant. Our leading toxicology expert proved that our client was served over 20 drinks. RD was able to show that that the company had policies that actually encouraged this type of excessive alcohol service. Andy Rossetti represented the family in the wrongful death action.$850,000 product liability settlement after Mediation for wrongful death caused by the combination of unstable furniture and a front heavy television. Andy Rossetti handled the case that uncovered widespread industry knowledge of the problem.$850,000 Arbitration verdict for 58 year old man injured in a truck crash at work causing 5 surgeries to his shoulder. Lou DeVoto handled the case for RD. The Arbitration was presided over by Retired Superior Court Assignment Judge, Jack Sweeney.

$802,500 settlement for construction fall on a job site that caused a brain injury. Plaintiff’s employer paid the settlement in addition to paying all past and future workers’ compensation benefits. Lou DeVoto handled the case for RD.

$800,000 product liability settlement for a man who was killed when his truck caught fire after an impact with a tree. Andy Rossetti handled this complex Product Liability case.

$800,000 settlement against property management company Jones Lang LaSalle for failing to inspect and correct a dangerous hydraulic lift at a warehouse causing the amputation of two toes to a contractor. Lou DeVoto handled the case for RD.

$800,000 settlement for a 32-year-old Vineland man whose hand was severely burned in a glass making machine. Andy Rossetti represented this hardworking family man.

$800,000 for a man injured in the workplace by a defective machine. Andy Rossetti represented the plaintiff.

$800,000 settlement against a Cape May restaurant for a badly fractured ankle that was caused by a fall from dangerous steps. RD’s 72 year-old client had ankle surgery. Defense claimed the RD’s client was equally at fault in causing the fall. Lou DeVoto represented RD’s client.

$775,000 settlement reached after one week of trial for a boy injured by a defective bicycle. Lou DeVoto represented the boy and his mother.

$750,000 jury verdict in Camden County for surgical errors during c-section. There was no offer in the case. Andy Rossetti represented RD’s client.

$750,000 settlement for a 35-year-old Paulsboro man whose leg was amputated below the knee in a heavy equipment accident. Lou DeVoto represented the gentlemen.

$750,000 settlement for a woman whose hand was partially amputated in a meat grinder while working. Andy Rossetti represented the young lady.

$750,000 settlement for the family of a man killed in a car accident. Lou DeVoto represented the wife and daughter (who went on to become a lawyer) in this tragic accident.

$750,000 for RD’s 24 year old temporary employee injured while working on a construction site when 6000 pounds of steel collapsed onto him after a fork lift operator failed to control the load. RD’s client was pinned to the ground causing injuries to his head, left arm, ankle and right ear. R&D sued the General Contractor for failing to manage safety on the jobsite.

$725,000 legal malpractice settlement against an attorney that failed to properly prosecute a products liability case leaving our client with no remedy. The underlying case involved a young man who suffered a neck injury with surgery after an elevator malfunctioned causing it to drop several times. RD was able to prove both the malpractice and the underlying case as the elevator had malfunctioned several times before and should have been taken out of service. Andy Rossetti represented the man.

$725,000 settlement against a national transport company and group home after a traumatic brain injured resident was able to leave the home and walk onto the shoulder of an interstate highway where he was struck by a van that swerved into him.  Andy Rossetti represented the family in the wrongful death/survivorship case.

$700,000 medical malpractice settlement in North Jersey against an ER physician that discharged our client on Thanksgiving Eve when his blood test results showed a highly elevated white blood count, indicative of an infectious process. He was unable to get an appointment with his family doctor given the holiday and by the time he got back to the ER several days later, he had was in septic shock which shut down his organs and resulted in his untimely death. Other medical condition made the case difficult from a damages perspective. Lou DeVoto represented the family.

$700,000 for our client after she was injured in a car crash. She required a lumbar fusion surgery.

$700,000 for the widow of a 56 year old husband and father who died after he was negligently discharged from an emergency room in North Jersey. RD contended that testing done at the ER should have led the physician to suspect sepsis and order additional tests and treatment for the bloodstream infection. Instead he was sent home, without antibiotics, and died of a massive infection four days later. The defense contended that they acted appropriately, that RD’s client was not septic until after he left the ER and that even if diagnosed, there was a substantial likelihood that the result would have been the same.

$675,000 for our client who fractured her pelvis in a car crash on the Delaware Memorial Bridge. The case was resolved after mediation with retired Judge Michael Brooke Fisher.

$670,000 settlement prior to trial for a woman hit as a pedestrian in the Centerton Square shopping center in Mount Laurel.  She suffered surgical injuries to her hip and shoulder.

$660,000 Jury Verdict for injuries caused by a rear-end crash. Our 57 year-old client had neck, back and head injuries but no surgeries.

$650,000 settlement for fractures to our client’s arm and hand in a car crash. Client underwent multiple surgeries to correct the injuries and had limitations in function after the surgeries.

$625,000 settlement for 65 year old woman who fractured her hip in a fall on defective steps in her new home. Lou DeVoto handled the case.

$625,000 settlement for New York client who fractured his pelvis in New Jersey Turnpike crash.

$600,000 settlement for 52 year-old construction worker who ruptured the ligaments in his foot trying to escape debris that was negligently dropped from above by another construction worker. Lou DeVoto handled the case.

$600,000 settlement paid by the United States after pedestrian fell 15 feet into abandoned water well on Joint Base, McGuire-Dix Lakehurst property. RD’s 45 year-old client was stranded in the well with a badly fractured right knee/leg for 36 hours. Significant issues including trespass and duty complicated the case. The case was handled by Lou DeVoto.

$600,000 settlement construction worker who sustained a ligament rupture in his foot after trying to escape falling debris on a job site. The settlement was paid by the three contractors on the site who failed to manage safety. Lou DeVoto represented RD’s 56 year old client.

$600,000 settlement for the wrongful death of a Vietnamese immigrant who was killed when he was crushed by a roll of steel. The steel mill failed to incorporate OSHA safety practices into its handling of steel. Lou DeVoto handled the case.

$600,000 settlement for neck and back injuries sustained by RD’s client after a rear-end tractor-trailer crash that occurred during an ice storm just after the plaintiff crossed the George Washington Bridge in Teaneck, New Jersey. Our client was rear-ended by another truck after he slowed his own truck in response to a crash in front of him. Defense claimed no negligence because of the storm. Lou DeVoto represented RD’s client.

$550,000 settlement for client injured in a rear-end collision. Lou DeVoto represented the 60 year old man who sustained a herniated disk in his neck and eventually had surgery to stabilize his spine. The surgery went well and the client had a good recovery. The case was complicated by the fact that there was very little damage to the vehicles and because our client had previous neck injuries. Melissa and Lou were able to distinguish those injuries by hiring experts to compare the findings on the MRI’s that pre-dated the crash to those taken after the crash, which proved that the disk herniation and surgery were both related.

$550,000 settlement for boy struck by car while crossing street for a school bus. Bus company responsible for negligent bus routing.

$550,000 settlement for injuries sustained by construction worker in a trench collapse on residential home site.

$550,000 settlement for injuries sustained by our client in a car crash.

$547,500 Settlement for cervical fusion and aggravation of low back injuries resulting from rear-end car crash. Lou DeVoto handled the case.

$525,000 Jury Verdict against LA Fitness for failing to properly train a member who paid for separate fitness training services. The member sustained a torn labrum in her shoulder and required surgery to correct the condition after her fitness trainer gave her an inappropriate exercise that caused injury to the shoulder. Burlington County.

$500,000 jury verdict in Middlesex County against a radiologist who failed to interpret and report seven fractured ribs and air in the space adjacent to the lung (an indicator for a punctured lung) after our 78 year old client was involved in a car crash. The error led the emergency physician to discharge the patient, who worsened over the next several days due to respiratory insufficiency causing his death. Lou DeVoto handled the trial for RD.

$500,000 Nursing Home Settlement for woman who sustained fractured hip, loss of mobility and bed sores following a fall at a dialysis center. Lou DeVoto handled the case with Michael Ringold, Esquire. The case was mediated by Retired Judge Jack Lintner.

$500,000 Settlement for 16 year old who suffered large hematoma on the brain after being struck by a metal ladder on residential property. The case was mediated by Retired Judge Charles Previte.

$500,000 Wrongful Death/Medical Malpractice settlement for a 21 year-old Rutgers student who died at North Jersey hospital after they failed to properly run a Code call. The settlement reflects the fact that our client was a student and died without any dependents which in New Jersey severely limits allowable damages. The settlement also reflects the probability that a properly run code may not have saved her life. Lou DeVoto handled the case with Ohio co-counsel James Kelley, III. Trial was underway for several weeks in Essex County, New Jersey before a settlement was reached.

$500,000 settlement against a local tavern for serving an underage and intoxicated patron who crashed her vehicle resulting in her needless death.

$500,000 settlement for a 17 year old boy who was injured at birth by a doctor who mismanaged his delivery. Lou DeVoto represented the injured minor and his mother. Click here to read the published article of the settlement

$500,000 settlement for a man whose Hepatitis C infection was misdiagnosed for seven years before the proper referral was made to a hepatologist. Lou DeVoto represented the man. Click here to read the published article of the settlement

$486,000 Jury Verdict for a 35 year old Millville resident for injuries she sustained in a car accident. View Details Of Verdict

$480,000 for a 56 year old man injured in a motorcycle crash when a car turned left directly into his path of travel. Client sustained a displaced fractured of his left wrist which required surgery and orthopedic hardware to stabilize the broken bones.

$475,000 settlement for a Portuguese immigrant who suffered a compound fracture of two bones in his arm and a torn rotator cuff after falling 25 feet in a construction fall from an unguarded work platform that violated OSHA guidelines. Lou DeVoto handled this case against Orleans Home Builders.

$471,589 Jury Verdict – Negligent use of excessive force – defendant tavern’s Manager/Bouncer causes spiral fracture and nerve damage to independent contractor go-go dancer when breaking up altercation started by other go-go dancer – failure to prevent other hostilities from escalating into physical assault by other dancer. Mr. Rossetti represented the dancer.

$470,000 settlement for our client who was injured while working for a sanitation services company causing fractured pelvis.

$460,000 settlement paid by Winslow Board of Education for failure to properly cancel a scrimmage to our 21 year old client for orthopedic injuries and facial scars she received in a car crash after she and three car-loads of high school lacrosse players left school on a mad dash to pick-up their uniforms for a surprise scrimmage that was taking place shortly after school. Lou DeVoto handled the case.

$450,000 for nursing home neglect for an 85 year old who died from the effects of painful bed sores at a local nursing home.

$450,000 medical malpractice settlement for the failure to diagnose a heart attack. This settlement came during jury deliberations. Andrew Rossetti represented the widow. Click here to read the published article of the settlement

$440,000 for injuries sustained by our client who was killed by the negligence of a drunk driver. The settlement reflects the fact that there was insufficient insurance to pay for our clients injuries and those of the others in the car.

$436,500 recovery for construction worker poisoned by carbon monoxide on poorly ventilated jobsite. GC held responsible.

$425,000 settlement for a man who was injured in car crash rollover sustaining surgery to his neck.

$400,000 jury verdict in Philadelphia for woman who suffered non-displaced fractures to her right heel and mid back in a car wreck. Lou DeVoto tried the case for RD in August 2014.

$400,000 medical malpractice settlement for negligent angioplasty procedure that caused a death to our client who was 67. The settlement takes into account that our client was at higher risk for the procedure and had other health related problems that would have likely shortened his life. Lou DeVoto represented the family.

$400,000 settlement for a 78 year old man who suffered from severe injuries at a local Nursing Home caused by pressure sores that developed from a poorly fitted foot brace.

$400,000 settlement for a man who broke both wrists after falling from scaffolding on a worksite.

$400,000 settlement for three Mexican immigrants injured when a bus crossed the center line and struck their van head-on. The most seriously injured client sustained a fractured pelvis.

$400,000 settlement for a man who sustained a crush injury to his foot when the liftgate to his truck malfunctioned. It was determined that the maintenance company put the wrong part on the liftgate three weeks earlier during a routine service. Lou DeVoto handled the case for our client.

$400,000 settlement for man who suffered severe hand injury on defective workplace machine. Recovery was obtained against employer under the intentional acts exclusion of worker’s compensation bar making this case a rare exception to the normal rule that you cannot sue your employer and recovery is limited to Worker’s compensation only. Andy Rossetti handled the case.

$375,000 settlement for the family of a woman who suffered unstageable sacral and heel pressure injuries prior to her death.  RD was able to prove that the nursing home failed to abide by the resident’s care plan and pressure injury prevention plan that required frequent turning and repositioning and bilateral heel offloading.  Andy Rossetti handled the case, which was mediated before a retired judge.

$375,000 medical malpractice settlement for negligent obstetrical care.

$350,000 for a doctor who fell on ice and snow outside a condominium complex.

$327,000 Jury Verdict in motorcycle crash. A Camden County jury split liability 65% to 35% in favor of our client who was injured when his motorcycle crashed into the side of a car that was turning left. Andy Rossetti tried the case for R&D.

$315,000 against Spirit Air for defective floor that caused foot injury and our client’s RSD.

$310,000 settlement against nursing home and its employee that negligently opened door into 88 year old resident causing fractured hip and her eventual death.

$305,000 for fractured Talus after client trips on improperly placed landscape netting. Lou DeVoto represented RD’s client.

$300,000 settlement for the family of a woman who suffered a Stage IV pressure injury prior to her death.  RD was able to prove that the nursing home not only failed to turn and reposition the woman every two hours as required by nursing home standards, but they attempted to alter her treatment records after the fact to cover their liability. Andy Rossetti handled the case, which was mediated before a retired judge.

$300,000 settlement for a man that was injured at work after falling off a railcar while attempting to open a hatch.  Utilizing an OSHA safety expert RD was able to prove that the employer failed to provide appropriate fall protection in accordance with OSHA standards.  Andy Rossetti handled the case.

$300,000 settlement against Group Home for the family of a severely, developmentally disabled man that died after choking on a latex glove that was negligently left within his reach.

$300,000 nursing home settlement for 89 year old whose death was caused by repeated falls at the nursing home resulting in fractured hip, immobility and pneumonia. Lou DeVoto handled the case for RD.

$300,000 settlement for a Portuguese immigrant who fractured his hip after falling 20 feet from an unguarded floor of a construction site. The unguarded sides of the floor deck violated OSHA guidelines. Lou DeVoto represented our client.

$300,000 medical malpractice settlement for psychiatric negligence. Andy Rossetti handled the case.

$300,000 settlement after four days of trial for RD’s client who fell down negligently constructed steps at the home of her niece. She was 67 years old and suffered a fractured hip. The defense claimed that the stairs were not defective and the RD’s client was at fault for tripping. Lou DeVoto was the trial attorney.

$290,000 settlement for a woman who slipped and fell on a wet floor in an Atlantic City casino bathroom, suffering injuries to her hip that required surgery.  RD was able to prove that the maintenance staff wet mopped the floor without blocking off the area or putting down any warnings signs.

$275,000 settlement after the third day of trial for a man who suffered a shoulder dislocation that required surgery after suffering a fall down a staircase while transporting a large cabinet arcade game out of the seller’s home.  Liability was heavily disputed by the defense.

$275,000 for our client who had neck and back injuries after a defective staircase crashed to the ground.

$275,000 settlement for Pennsylvania man injured in a motorcycle crash by a car that pulled directly into his lane of travel. The injuries were devastating but defendant did not have adequate insurance or assets to pay for the damage the caused.

$262,500 settlement for school student who sustained an eye injury as fellow student negligently exited bus.

$260,000 settlement for a woman who suffered injuries to her shoulder and leg  requiring surgery after a car crash where another vehicle failed to abide by a stop sign.  Andy Rossetti handled the case.

$250,000 full policy limits settlement for elderly women hurt in car crash. Her husband passed out while driving, causing the crash. Lou DeVoto handled the case for RD and was able to overcome the “sudden emergency” defense in which the defense claimed that an unknown medical condition led to the driver passing out at the wheel. The damages were significant and far exceeded the insurance policy limits. However, RD was able to maximize the recovery for our client by negotiating with Medicare and getting them to extinguish their lien.

$250,000 for herniated disk for our client injured in a car crash.

$250,000 jury verdict in Gloucester County for surgical errors during gallbladder surgery leading to surgical reconstruction to correct the condition. Lou DeVoto handled the case.

$250,000 settlement for wrongful death of prison inmate that committed suicide as a result of being denied medications.

$250,000 settlement for fractured ankle with surgery and repeated infections after a car crash in Atco, New Jersey. Recovery was limited by insurance policy limits of $250,000.

$245,000 for displaced tibia fracture requiring surgery in 70 year old woman after outside deck collapses.

$240,000 Jury Verdict after third trial. An Essex County Jury awarded $240,000 to our client who was involved in a car crash in Essex Fells in 2002. Our client suffered several herniated disks in her neck that were admittedly present to some degree before the crash but had never given her any pain or disability until the accident. Attorney Lou DeVoto handled the case for R&D and is hopeful that this is the last time he will try the case.

$240,000 settlement for fall at work resulting in a traumatic head injury in West Atlantic City, New Jersey.

$240,000 settlement for 85 year old woman for subdural hematoma caused by car crash. Residual headaches and memory loss resolved approximately 6 months after crash.

$237,500 settlement for 67 year old man injured on his son’s property when son negligently operates chain saw and causes severe laceration to the left leg of his father.

$235,000 settlement for a man who suffered a finger injury and chronic deep vein thrombosis after being involved in a motor vehicle crash where another vehicle failed to abide by a traffic signal.  Andy Rossetti handled the case.

$230,000 settlement for a fractured ankle that needed surgery to correct.

$225,000 settlement for a man who suffered a slip and fall on ice while leaving his rental apartment building, suffering injuries to his ankle.

$225,000 settlement against Nursing Home for fractured hip with surgery caused by a fall from bed after repeated “call bells” for assistance to the bathroom were ignored by staff.

$225,000 settlement for wrongful death of elderly woman in nursing home caused by bed sores.

$225,000 settlement for wrongful death of elderly woman neglected by nursing home leading to her accelerated death shortly after she arrived at the facility. Lou DeVoto handled the case with Michael Ringold, Esquire.

$225,000 settlement for neck injuries caused by car crash requiring surgery in 45 year old client.

$225,000 settlement against major bed retailer for delivery negligence causing fractured hip in 75 year old man.

$225,000 settlement for Indian immigrant who was killed on the NJ turnpike when a truck crashed into him while he was pushing his disabled car off the roadway.

$225,000 settlement for our client who contracted RSD after a car crash. The value represents almost all of the defendant’s insurance. Lou DeVoto represented our client.

$225,000 medical malpractice settlement against a Rehabilitation Hospital that failed to assist patient causing a fall and a re-fracture of an ankle necessitating another surgery.

$220,000 settlement for Acme warehouse employee injured by defective dock plate.

$215,000 settlement for displaced tibia fracture with surgery caused by car striking our client who was a pedestrian crossing an intersection.

$215,000 against nursing home for our 85 year old client who fell and sustained a hip fracture.

$210,000 for neck injuries requiring surgical fusion in 45 year old man injured in car wreck.

$210,000 Jury Verdict in Burlington County for a woman who herniated a disk in her neck after car crash. The condition was pre-existing but never caused severe pain and did not require surgery until after the crash.

$200,000 settlement for a 60 year old woman who fractured her wrist and hip in a fall on a defective sidewalk in Woodbury.

$200,000 recovery for the Estate of a man that committed suicide shortly after being released from a crisis center.

$200,000 settlement for a woman injured in car crash after defective airbag deployment.

$200,000 medical malpractice Jury Verdict for an anesthesia mistake that injured the plaintiff. Mr. Rossetti represented the man and his family.

$200,000 settlement for a construction worker who suffered rib fractures and chest injuries after falling through an improperly covered sewer drain.  Andy Rossetti handled the case.

$190,000 settlement for a truck driver that slipped on ice at a Sports Authority warehouse when exiting his delivery truck. Recovery was against landlord for not treating the ice in a timely manner.

$185,000 settlement against a Nursing Home in South Jersey after our client fell and suffered a brain bleed.

$180,000 settlement for injured worker who sustained cervical herniated disk and shoulder injury causing numbness in several fingers on his right hand.

$175,000 Jury Verdict in Burlington County for car crash injuries for a man who was injured in a car crash that occurred in Mt. Laurel in 2005.

$175,000 for neck injury caused by low-impact rear-end car crash resulting in surgery.

$175,000 settlement for a woman who suffered a broken leg as a result of nursing home abuse.  The immobility associated with her leg also directly led to a pressure injury.  Andy Rossetti, who handled the case for RD, is most proud that he was able to assist the daughter in relocating her mom to a better facility that, with proper care, was able to completely heal the pressure injury.

$168,500 settlement for a woman who lost part of her finger in a Chinese manufactured drill press.  Andy Rossetti handled the case.  RD hired a prominent engineering expert to prove that the machine was defectively designed.

$165,000 for cervical fracture with surgery after man falls down defective stairs at rental unit. Stairs violated code requirements and were dangerous. Excellent surgical recovery and return to work.

$160,000 for client injured when a car struck her as she walked across a parking lot causing arm injuries and an elbow surgery.

$150,000 Jury Verdict in Medical Malpractice case against a South Jersey Hospital for failure to diagnose appendicitis causing unnecessary surgery and increased harm to the colon. RD’s client was negligently discharged from the emergency room. Lou DeVoto handled the case for RD.

$150,000 for RD’s client who fell on untreated ice on sidewalk of apartment complex in Camden County. Injury required surgery to correct dislocated knee cap.

$150,000 for torn rotator cuff and tendon rupture by a private contractor unloading mail at the US Postal Service after delivery cart failed due to overloading by the Postal Service.

$150,000 for a construction fall caused by a General Contractor’s failure to have the required safety equipment for his workers.

$150,000 for slip and fall outside an Ocean City pharmacy.

$150,000 for woman’s fall at PATCO train station for failure to remove ice and snow resulting in a fractured ankle with surgery.

$150,000 for young women involved in a bus accident. Our client was a passenger on a school bus when the crash occurred. She sustained a concussion that led to post-concussive syndrome and continued to cause her headaches and memory loss. The injury was compounded by the fact that our client had pre-existing psychological issues that were made worse.

$150,000 for our 72 year old client who fell at a CVS in Northfield due to a defective and dilapidated entrance ramp. The owner of the property failed to maintain the concrete entrance in a safe condition which led to the fall and caused a fractured hip. Lou DeVoto handled the case for RD.

$150,000 settlement for a young woman who was attacked and bitten by two dogs while walking to work.

$150,000 settlement for a woman who suffered a fall while in the process of bowling.  Andy Rossetti handled the case for RD and was able to prove that the bowling alley’s lane maintenance involved negligent oiling in close proximity to the foul line.

$147,500 settlement for a deliveryman who slipped and fell on ice at an Ocean City motel. Our client sustained a brain bleed that resulted in post-concussive symptoms of headaches and short-term memory loss. The ice was caused by melting snow that was piled on the side of the entrance driveway which re-froze overnight. Lou DeVoto settled the case shortly before trial.

$144,000 for two wrist fractures and surgery after falling outside an Ocean City Bed and Breakfast. Client has osteoporosis but did make a nice recovery and was 60 years old.

$138,000 settlement for a woman who suffered neck and back injuries from two different motor vehicle crashes that were only months apart.

$135,000 jury verdict for client who suffered neck and back injuries after a very low-impact, minimal property damage motor vehicle crash.

$135,000 for woman injured in Iowa by a tire that flew off a car and struck her car. Mild traumatic brain injury.

$125,000 Medical Malpractice Jury Verdict for a woman who had her small toe amputated after a podiatrist misdiagnosed an infection. Lou DeVoto represented the woman, who happened to be a nurse. Click here to read the published article of the settlement

$125,000 for a fractured leg after a fall at a nursing home.

$120,000 Binding Arbitration Award for a man injured in a Pennsylvania car accident who sustained torn knee meniscus and had two arthroscopic surgeries.

$108,000 Binding Arbitration award for a fractured ankle caused by faulty steps at a local tavern.

$100,000 for knee injury caused by McDonald’s failure to remove snow and ice from its walkway.

$100,000 Nursing Home settlement for our client who suffered from painful bed sores at a local nursing home.

$100,000 for RD client who fractured his tibia and fibula in a fall on defective steps in a private home in Vineland.

$100,000 for young girl that sustained multiple fractures after being struck by a car while crossing the street to get to her school bus stop.

$100,000 for orthopedic injuries sustained in an automobile crash in Egg Harbor Township.

$100,000 for Rutgers student struck by vehicle while crossing the street on the Livingston Campus. Fractured right arm with surgery.

$100,000 for injuries sustained in car crash. Fractured wrist with surgery.

If you place your elderly loved one in a nursing home, you fully expect them to be taken care of. There is a high level of trust involved. Unfortunately, many times this trust is taken for granted, and elderly nursing home patients suffer mistreatment and abuse; there are actually certain signs of nursing home abuse.

If you think someone you know is being abused at his or her nursing home, don’t wait to take action. You might want to speak to a legal team about your suspicions, or even give your loved one a cell phone from https://www.fanmisenior.com/cell-phones-for-seniors/ so they can call you if they need help. Luckily, there are lots of things you can do if you think your loved one is being abused, such as get in contact with an elder law attorney Denver CO area or similar to help you fight a case of mistreatment. Something that more and more people are doing these days. Keep reading to learn more about signs of nursing home abuse.

Does My Loved One in a Nursing Home Suffer from Abuse?

In fact, various types of nursing home abuse could be occurring to your loved one ranging from emotional to physical. These are some of the signs that someone is experiencing abuse in his or her nursing home.

Physical Abuse

Physical abuse is purposefully implementing physical force onto someone that can subsequently result in bodily injuries, pain and/or impairment. It is easier to pinpoint physical abuse, as one can look for bruises, scratches, marks, bumps, etc. The various ways an elderly person can suffer from physical abuse in a nursing home include, but are not limited to, the following:

• Pushing the patient
• Using items to hit the patient
• Hitting the patient
• Slapping the patient
• Pinching the patient
• Not changing the patient’s undergarments
• Force-feeding the patient
• 

As well as these, it’s crucial to know the signs that your loved one suffers from physical abuse. These signs can include:

• The patient tells you they experience abuse
• Bodily injuries, such as bruises, marks or scratches
• Open wounds or cuts
• The patient asking to spend more time with their family
• Broken personal items, such as glasses or dentures

Emotional Abuse

A nursing home caregiver can also emotionally abuse the patient in a way that inflicts emotional pain or distress on your loved one, whether it is with verbal or nonverbal acts. Some examples of emotional abuse include:

• Yelling or screaming at the patient
• Ignoring or isolating the patient
• Embarrassing the patient
• Insulting the patient
• Bullying or harassing the patient

Make sure to take notes of potential emotional abuse your loved one is experiencing at his or her nursing home. Signs of emotional abuse are:

• The patient is more easily angered
• A sharp change in personality, such as being quieter or isolating themselves
• Behaviors that are regressive, like sucking on his or her thumb, or rocking back and forth

Document the Evidence

Before you reach out to the nursing home administrators about your concerns, make sure you take the necessary measures to document the evidence your loved one is experiencing abuse. Different types of documentation you should be collecting include the following:

• A detailed log with dates and times, descriptions of the abuse, names of perpetrators, witnesses, complaints made, anything you did to stop the abuse in its tracks, as well as the medical care your loved one needed from it
• Photos and/or videos of the abuse, such as marks on their body, soiled clothes or linens and weight loss
• Any written complaints you made to the nursing home
• Witness accounts from anyone who may have seen the abuse, whether it is other workers, guests visiting, or other nursing home residents
• If your loved one received either medical or psychological treatment because of the neglect or abuse received at the nursing home, you need to keep copies of those records, as well as any bills to have proof of the injuries and to receive compensation for medical costs

Why is Documenting Evidence Important?

Documenting the evidence that your loved one potentially experiences abuse at his or her nursing home is critical. You cannot be 100% sure that the nursing home will take the proper steps to meet your concerns if you do not have concrete evidence. Having proof will only strengthen your claims and make you one step closer to saving your loved one.

As well as this, if you decide to pursue a nursing home abuse lawsuit or if you sue a nursing home, you want to make sure you have the evidence readily available in order to be successful. Taking the extra measures to document your loved one’s nursing home abuse makes you one step closer to stopping it.

Seek Legal Help from a Trusted Nursing Home Abuse Lawyer

If you feel a loved one is suffering from nursing home abuse, don’t wait until it is too late to reach out for legal help from an experienced and dedicated nursing home negligence attorney or a nursing home abuse lawyer.

So, it is important you seek out a lawyer who has proven experience in nursing home abuse law. They need to be well-versed with different types of nursing home abuse claims and the essential care any nursing home is required to provide. They must also be able to help you understand the statutes of limitations that tell you the timeframe you have to successfully file a nursing home abuse lawsuit.

Rossetti & DeVoto, P.C. has New Jersey’s premier nursing home abuse lawyers. No matter what, we are ready to help take on whatever case you come to us with. Call us today at (856) 354-0900 for a free, no-obligation consultation.

When you visit New Jersey on vacation, you will never run out of activities to enjoy. Feeling adventurous and want to have an adrenaline rush? You’ll definitely want to check out the New Jersey’s renowned Six Flags Great Adventure & Safari. Want to wind down after some hectic months? The luxurious Borgata Hotel and Casino is where you need to go. What about checking out a bit of history? Consider checking out the Cathedral Basilica of the Sacred Heart. If you’re seeking waterpark thrills, the Mountain Creek Waterpark should be your first stop. No matter what you are seeking from a vacation, you will find it in New Jersey. Unfortunately, however, it is still very possible that you may suffer an injury while on vacation, no matter what you are doing. Keep reading to learn about common vacation injuries to avoid when you are visiting New Jersey.

Food poisoning

Another likely vacation injury is food poisoning. The possibility of experiencing it can occur at the smallest mom and pop store to the most popular five-star restaurant. It can be completely unpredictable. Suffering from an injury or illness on vacation is extremely inconvenient. And, it can leave you bed-bound in your hotel room. You don’t want to be sick on vacation and stressing over when you will feel better and how you wish were in the comfort of your own home.

If you know you have any food sensitivities –  or aren’t sure if you do – steer clear of trying any risky foods while you are on vacation. Don’t be afraid to try new meals or to splurge on a restaurant you have been wanting to try. However, if you are not sure if a meal is fresh or cooked properly, you definitely do not want to take any chances with eating something that could send you to the local ER.

Amusement park injuries

According to the United States Consumer Product Safety Commission (CPSC), approximately 43,405 people were taken to the emergency room due to injuries on amusement park rides in 2017. Amusement park rides from roller coasters and spinning rides to water slides and bumper cars provide hours of fun and excitement no matter your age. New Jersey law requires any injuries in amusement parks must be reported to the parks within 90 days. Or, you else are barred from bringing a lawsuit.

However, amusement park injuries can include broken bones, whiplash, drowning in water rides, back injuries and head trauma. In the worst case scenario, death is even a possibility due to falling off a ride. Heed caution when going on roller coasters that seem older or worn. If you don’t want to go on a ride, don’t feel pressured to do so.  

Hotel slip and falls

If you are staying in a hotel, always watch out for uneven rugs, carpets, flooring, wet floors and any cords that are out of place. Tripping over one can lead to broken bones, head, back and neck injuries, torn ligaments, and even death. In hotels that have complimentary breakfast, the influx of people in the morning can dishevel carpets that often goes unnoticed.

You may also slip and fall going upstairs if you come back to your hotel after a night out drinking. Be cognizant of your surroundings. If you notice a safety hazard – such as a spill on the floor or a tile that is out of place – make sure to seek a hotel manager or employee and inform them.

Seeking a New Jersey Personal Injury Attorney

Dealing with an injury while on a vacation will do the complete opposite of what you were expecting from your trip. You will most likely feel stressed, overwhelmed and powerless. You were planning this exciting vacation for a while, and you may not have taken any negative aspects into consideration. However, no matter what you go through, remember that you can seek legal help with a personal injury attorney.

Rossetti & DeVoto, PC is willing to assist you through the process of overcoming any and all vacation injuries you may experience. Our New Jersey personal injury attorneys will relentlessly fight for your rights, and make sure that you always come out on top.  Call us today at 844-263-6260 for a free, no-obligation consultation.

Read this short paper written by Louis J. DeVoto about health maintenance organizations.

Health Maintenance Organizations

Louis J. DeVoto

I. BACKGROUND: HISTORY AND TYPES OF HEALTH MAINTENANCE ORGANIZATIONS

While the first pre-paid health plan dates back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue for the next several years.

1st Model

Today, there are three basic models of Health Maintenance Organizations presently in use. So, the first is the traditional form of the HMO, the Staff Model. In it, the HMO itself owns and operates its own health care facilities. Moreover, the participating physicians and their support staff are employees of the HMO. Furthermore, the doctors receive payment by salary and may earn a bonus if the HMO shows a profit. So, the relationship between the HMO and the doctor is one of employer and employee, with the HMO having control over the physician.

2nd Model

The second model has the name the Group Individual Practice Association (IPA) or Direct Contract Model. Here, a group of physicians incorporates itself, and then contacts with the HMO to provide care of the members of the HMO in their own offices. The physician group gets payment in a capitation fee, which in turn pays the physician a salary = (i.e., incentive to keep costs low). These doctors may or may not have permission to treat patients outside the Health Maintenance Organization.

3rd Model

Finally, the Group (non-IPA) Model or Network Model provides its members with health care through several groups. The HMO contracts with individual physician groups or entities having provider employees. As payment, the physician receives a “capitation” fee from the HMO, which is a previously agreed upon fixed fee per HMO subscriber. The amount of a doctor’s payment depends on the number of subscribers seen in a month. Additionally, doctors may receive a bonus for “efficiency”.

II. THEORIES OF LIABILITY

There are several different theories of liability that may be asserted against HMOs, each with varying degrees of success.

A. VICARIOUS LIABILITY: Actual Agency

This theory, synonymous with what is commonly known as the doctrine of respondeat superior, provides that an employer may be vicariously liable for the negligent acts of an employee; when such acts happen in the course and scope of employment. The theory of actual agency is most easily established under the Staff Model, although other types of HMOs have been liable.

See Sloan v. Metropolitan Health Council of Indianapolis, Inc., 516 N.E.2d 1104 (Ind.App. 1987). (Under Direct Contract theory, HMO had control over its physicians constituting an employer-employee relationship. Accordingly, HMO could be vicariously liable.); Schleier v. Kaiser Foundation Health Plan, 867 F.2d 174 (D.C.Cir. 1989). (Apply respondeat superior, HMO vicariously liable for the actions of an independent consulting physician when HMO doctor requested a cardiac consultation by an outside cardiologist, creating a “master-servant” relationship.); Gugino v. Harvard Community Health Plan, 380 Mass. 464, 403 N.E.2d 1166 (1980). (HMO subscriber sought advice regarding safety of Dalkon shield from HMO doctor. HMO held vicariously liable for malpractice.); Mduba v. Benedictine Hospital, 384 N.Y.S.2d (1976). (Degree of control over independent contractor similar to group model or IPA).

B. VICARIOUS LIABILITY: Ostensible Agency

In order to make out a cause of action under this theory, the plaintiff will have to prove that (1) the patient looked to the HMO rather than the individual physician for care, and (2), the HMO “held out” the physician as its employee, thereby creating a reasonable presumption in the eyes of the patient that the physician was the agent of the HMO. This theory does not require proof of an actual employer-employee relationship between the HMO and the treating physician and is, therefore, very popular with plaintiffs.

In presenting causes of action under this theory, it is important to stress how the HMO advertised and characterized its relationship with participating physicians, whether the HMO itself represented that it furnished “medical care”, and the public policy reasons behind not allowing HMOs to escape liability by simply referring patients to doctors outside the plan, especially when members participate based on the representation that they will be provided with “complete” health care services. See Boyd v. Albert Einstein Medical Center, 377 Pa.Super. 609, 547 A.2d 1229 (1988).

(Patient referred to participating specialist and subsequently injured. Held: HMO vicariously liable for specialist’s actions, due to advertising as a “total care program” and the representation that providers were employees of the HMO, an apparent agency relationship.); Decker v. Saini, 1991 Westlaw 277590 (Mich. Cir. Ct.). (Participating doctor referred patient to non-member specialist. Held: HMOs cannot escape liability by referral to non-participating doctors.); Raglin v. HMO Illinois, Inc., 230 Ill. App. 3d 642, 595 N.E.2d 153 (1992). (Plaintiffs cannot succeed with claim when HMO specifically informed members that it did not furnish medical care.)

C. DIRECT LIABILITY: Negligence

The theory of corporate negligence in the health care field has traditional application in hospital settings, establishing that a hospital owes an independent, non-delegable duty to its patients to exercise reasonable care in ensuring that the physicians are competent. Also, the hospital has a duty to maintain safe and adequate facilities and equipment, to supervise those practicing medicine in the hospital, and to formulate, adopt, and enforce adequate rules and policies to ensure quality care for the patients.

Against HMOs, direct liability may be asserted on the grounds of negligent screening of participating doctors, negligent referral to an HMO-approved specialist, or negligent deprivation of physician-recommended care. See Harrell v. Total Health Care, Inc., 1989 Westlaw 153066 (Mo.App.), aff’d on other grounds, 781 S.W.2d 58 (Mo. 1989).

(Negligent surgery performed by HMO-approved specialist held by Mo. Ct. of App. to be a valid cause of action against the HMO. However, summary judgment granted to HMO due to statutory loophole granting immunity to non-profit organizations.); McClellan v. Health Maintenance Organization of Pennsylvania, 413 Pa. Super. 128, 604 A.2d 1053, appeal denied, 616 A.2d 985 (1992). (HMO negligent in not fully screening or evaluating physician whom it had held out to be its agent.); Wickline v. State, 192 Cal.App.3d 1630, 239 Cal.Rptr. 810 (1986). (Dicta: “patient who requires treatment and who is harmed when care which should have been provided is not provided, should recover for the injuries suffered from all those responsible for the deprivation of such care, including, when appropriate, health care payors.” 239 Cal.App. 3d 660, 271 Cal.Rptr. 876 (1990).

(Physician recommended extended stay not approved by HMO. Patient committed suicide days later. Court recognized cause of action in negligence against HMO as jointly liable.)

III. LITIGATION HURDLE: Erisa Preemption

Defendant Health Maintenance Organizations attempt to avoid malpractice suits by asserting that the Employee Retirement Income Security Act (ERISA) preempted such claims. The ERISA statute provides a detailed system of civil enforcement which limits who may file suit, the grounds for such suits, and the relief to which a litigant has an entitlement.

ERISA Supersedes

The statute also includes a preemption provision which provides that the ERISA shall supersede all state laws as they “relate to any employee benefit plan.” ERISA 29 U.S.C. sec. 1144(a). Thus, the primary issue in deciding whether a claim is preempted hinges on the language of the statute: whether the state malpractice laws “relate to” the plaintiff’s employment benefit plan in such a way that necessitates preemption. If the state law has a connection with or reference to an ERISA plan, any claim will be preempted.

This is tricky because any connection may trigger preemption, and a court will not just examine laws relating to specific subjects covered by ERISA. Rather, the state law may relate to a benefit plan even if its design is not specifically to affect such plan or even if its effect is only indirect. One court wrote, “A rule of law related to an ERISA plan if it is specifically designed to affect employee benefit plans, if it singles out such plans for special treatment, or if the right or restrictions it creates are predicated on the existence of such a plan.” United Wire, Metal & Machine Health & Welfare Fund v. Moorestown Memorial Hospital, 995 F.2d 1179, 1192 (3d Cir.), cert. Denied, 114 S.Ct. 382 (1993).

Case law addressing this issue indicates that the trend is for federal courts to find claims of direct negligence against the HMO to be preempted by ERISA. However, on the issue of vicarious liability, courts are in dispute.

Courts and Health Maintenance Organizations

Most courts find preemption when a plaintiff seeks to hold an HMO liable for its own negligent administration of cost-containment provisions of an employee benefit plan or with regard to the type and extent of benefits promised. Therefore, claims that the Health Maintenance Organization was negligent in employment or contracting with negligent doctors, knew that the doctors were not qualified or competent, failed to use due care in selecting and overseeing the doctors, or failed to formulate, adopt, and enforce adequate rules and policies to ensure quality care for patients will likely fail under ERISA.

Plaintiffs have a better chance of succeeding with medical malpractice claims under a theory of ostensible agency. A court will only find preemption in these cases if the ostensible agency relationship “relates to” employee benefit plans since it requires an assessment of the benefit plan and the doctor’s performance thereunder. Thus far, most courts, if they have found an ostensible agency claim to be preempted, have justified their findings of preemption based on the rationale that the medical decisions/advice given by the HMO is done in the context of determining the availability of benefits under the plan, as opposed to making direct medical decisions. Courts are therefore, reluctant to hold plan decision makers liable for medical malpractice.

Courts also tend to justify such decisions on public policy grounds, citing that if such claims are not preempted and plaintiffs claims succeed, the Health Maintenance Organizations and their providers will have to carry liability insurance resulting in higher costs to the end user.

Car crashes are no “accidents”. And distracted driving is almost always the cause; whether it’s texting, gazing out the side window or changing the radio station. In fact, these seemingly innocent distractions cause major injuries on a daily basis. While no one wants to get in a car crash, usually there is insurance available to protect the injured victims, as long as everybody involved has car insurance.

Unfortunately, more and more people are driving uninsured. Although this is the number one thing people think to do when buying a car; insure it. Even more importantly, ensure this insurance company policy covers all the necessary things e.g. theft and damage. You can find sites where you can read comparisons and reviews, like these gabi insurance reviews, to make the choice slightly easier for you. Many people put this down to people feeling invincible. But, when those crash bills and medical bills hit, it will become a car driver’s biggest regret. In New Jersey, you can actually purchase an insurance policy that only provides for payment of the at-fault driver’s medical expenses. But, not for the injuries or medical bills incurred by the innocent victim.

What happens when you have been injured in a crash but the at-fault driver doesn’t have car insurance? This can cause extra stress and headaches. For those who have been hit by a driver with no insurance, what is your recourse? Today, let’s consider your options when dealing with these uninsured motorists.

Medical Bills when Hit by a Driver with No Insurance

New Jersey is a no-fault car accident state. What that means is that regardless of who is at fault for the crash, each driver’s car insurance pays for that person’s medical treatment and bills. This is done to ensure that everyone’s medical bills are paid. And, processed in a timely manner. This is regardless of who is at fault and without having to wait for a determination in court regarding fault, which could take years. Many states require that every driver have PIP (personal injury protection) or MedPay coverage to pay for medical bills.

Therefore, as long as you have insurance, your own insurance company should pay for your medical bills. Even if the at-fault driver is uninsured. If there are issues, you may want to hire an uninsured Driver Attorney to assist. You should always make sure you purchase adequate limits of PIP or Med Pay coverage. This is in order to provide for your medical treatment costs.

Injury Compensation when hit by a Driver with No Insurance

While it is a requirement for drivers to carry insurance by law, that doesn’t stop people from driving without insurance. PIP and MedPay will only pay treatment costs. How do you get compensation for the pain and suffering and disability your injuries caused when the at-fault driver has no or little insurance. Since most people driving without insurance are judgment proof, suing them personally will only be a moral victory and you are likely to never collect any money.

The only real option is to protect yourself by purchasing uninsured and underinsured motorist coverage. This coverage protects you and your family members, up to the limits you select. Of course, in the event that you get an injury in a crash and the other party has no insurance. The coverage cost is reasonable and you should purchase as much as you can afford as this is the only protection for injuries you likely will have when injured in a crash with an uninsured driver. In fact, I often tell my clients to insure themselves with the mindset that everyone is uninsured. You could also opt for insurance for if you become disabled (it never hurts to be too cautious). Total and Permanently Disabled insurance could cover you in a situation where you are unable to return to work at any cost.

Handling Your Car Accident

After a car accident, it’s important to keep potential situations like a lack of insurance in mind. After reporting the accident to your local police, it’s important you follow some steps to ensure you are protecting yourself to the best of your ability. Take detailed notes and take pictures, if possible, to keep track of what happened in the car accident. If you think you may have an injury, make sure to accept medical treatment on the scene. And, seek follow-up treatment immediately. A lawyer will be essential to guiding you through the entire insurance and litigation process to make certain that you take all the right steps from the start and get the best possible settlement.

Your Accident with No Insurance Attorneys

If you have been involved in an accident with no insurance, it’s important you contact the Rossetti and DeVoto today. At Rossetti and DeVoto, we have handled cases where the at-fault driver was without insurance. Therefore, we understand how to best resolve these situations. With extensive experience handling car accidents where no insurance is involved, we look for creative ways to help you get the compensation you deserve. Call us today at 844-263-6260 for a free consultation and find out how we can help.

You’ve seen it before. A crack in the wall. A window that always leaks when it rains. But why does this happen? Over 80 percent of construction deficiencies are caused by poor workmanship and another 40 percent of deficiencies are caused by insufficient building material. Courts typically sort construction defects like poor workmanship or faulty materials into four categories: design deficiencies, material deficiencies, construction deficiencies, and subsurface deficiencies.

Design deficiencies result in part of the home not being up to code. A leaky roof is the most common design defect. Material deficiencies, like improper window framing, can cause window leaks. Construction deficiencies can result in a long list of safety issues that can cause physical and financial harm. These include inadequate building structure resulting in cracks in the foundation. In addition to the growth of mold, and extensive electrical and mechanical issues.

Finally, subsurface deficiencies are most common in hilly areas. Improper subsurface conditions (that is, not compacting the home for adequate drainage) combined with the home’s unstable foundation cause these defects. The result of both can lead to cracks in the foundation and, in more serious cases, landslides.

The construction litigation team from Rossetti & DeVoto, PC can handle any personal injury cases caused by these construction-based deficiencies. Speak to an experienced New Jersey construction accident attorney today about your injuries.

What are Construction Defects?

Construction defects are any discrepancies in construction. They range from passive defects. For example, mechanical problems or uneven tile finishing to more life-threatening safety issues such as faulty framing. More specifically, the New Jersey legislature defines a major construction defect as “any actual damage to the load-bearing portion of the home…” Whether incorrect tools were used or the work was not carried out in the correct manner, it’s an issue. This issue has both physical and financial repercussions.

Repairing construction defects can take upwards of eighteen months, adding more time to the entire length of building a home. Experiencing a personal injury as the result of a construction deficiency can add financial and emotional stress to your new homeowner’s life. Both issues are what our team of New Jersey construction accident attorneys wants to resolve for you. Opt for experience on your side when dealing with a construction defect that has affected your home. Or, led to an injury to you or a loved one. The sooner you contact Rossetti & DeVoto, PC, the sooner you can receive compensation for your claim.

What Do You Do if a Construction Defect Impacted You

In the unfortunate event that you’re involved in an accident caused by any type of construction defect, it’s important to know how to resolve the issue and get back to feeling safe in your own home. In New Jersey, the legislature enforces the New Home Warranty and Builders’ Registration Act in which builders are required to register with the state. Additionally, the Act provides a limited ten-year warranty on the new home.

The statute of limitations on personal injury claims in New Jersey is only two years. So while a limited warranty covers your house, it’s critical to have an experienced construction litigation team on your side. Notifying our legal attorneys the moment you notice a construction deficiency is key.

Suffering an injury in your own home because of a construction defect can be stressful and scary. You might not want to return to your home because you are in fear that the accident will happen again. Be sure you seek medical attention immediately after suffering an injury in a construction defect accident. The reason for this is so you can document the injuries.

Speak With a New Jersey Construction Accident Attorney Today

Rossetti & DeVoto, PC have a team of highly skilled legal professionals ready to get you back to the home you deserve with peace of mind. Our experienced New Jersey construction lawyers offer free consultations, so contact us today at (844) 263- 6260 to speak to someone who will fight for you. A New Jersey construction accident attorney from our firm will be able to investigate the accident that left you injured, collect evidence, talk to witnesses, build a case, and relieve a lot of your stress.

Results may vary depending on your particular facts and legal circumstances.

A 16-year-old boy was electrocuted to death as he was holding an aluminum extension ladder for his father. The father and son were about to trim a residential tree as a favor for their local pastor. As the ladder became extended, it came into contact with a tree branch. That branch then made contact with a 7200-volt primary electric line which was approximately 10 feet away. An electrical circuit formed and it sent the voltage through the son’s body. His father later testified that immediately after the shock, his son fell to the ground, got back up and then fell to the ground again, eventually dying in his arms. Learn more about the confidential settlement in electrocution wrongful death case.

Rossetti & DeVoto on the Electrocution Wrongful Death Case

Andy Rossetti handled the case for Rossetti & DeVoto. Andy hired many experts for the case, including an electrical engineer and a master arborist. Rossetti used the experts to show that the path of electricity started at a small melted indentation found on the power line. Then, it traveled through the top of the contacting branch, into the melted aluminum divots in the ladder, down the burn marks on the branch and unfortunately to the burn wounds on the son’s hands and feet. This evidence completely destroyed all of the defendants’ contentions that it was the ladder itself that made direct contact with the power line. The electrocution wrongful death case took a turn.

The master arborist determined that the subject branch was approximately 11 years old. And, was actually a sapling from a branch that the defendants previously negligently pruned. The defendants should have pruned back the branch to the trunk. But, instead, the defendants pruned it approximately 4 feet from the trunk. This permitted the fast-growing saplings to sprout and come in close proximity to the power line. In addition, Andy proved through extensive discovery, that not only should the subject area have been pruned every four years, but that the defendants last pruning of the area occurred over 10 years before the incident. This violated New Jersey and National Codes on vegetation management in the area of power lines. It also violated the internal policies of the defendants themselves. This concluded the electrocution wrongful death case.

Resolution

Although it was absolutely gut wrenching for this father to relive this incident during the litigation and lengthy mediation, Andy and his client firmly believe that holding them responsible will force them to make sure this never happens again.

While the settlement figure is confidential, it was a very significant settlement and certainly commensurate with the tragedy that occurred. This electrocution wrongful death case was a shocker for everyone.