Kenneth S. Merber Obtains Favorable Defense Verdict in a Commercial Bus Case in Bergen County, NJ

January 14, 2019

On January 11, 2019, Kenneth S. Merber obtained a favorable verdict in favor of the firm’s client.   The case was transferred by the client to Ken from another firm for trial purposes.  Ken’s represented a commercial bus company and its driver that struck Plaintiff’s car.

As a result of the accident, Plaintiff sustained fractures of his left distal radius and ulnar styloid of his left wrist and a fracture of the base of his second metacarpal.  He had surgery to repair an alleged TFCC tear and the removal of a ganglion cyst from his left wrist.  Plaintiff also underwent left ulnar decompression and left ulnar nerve transposition surgeries.  Plaintiff also alleged he suffered 3 cervical and 1 lumbar disc herniations in addition to a TBI and neuropsychological injuries. He underwent a lumbar fusion at L4-5 with implantation of a cage, bone graft and bone stimulating device. All of the hand and wrist fractures and herniated discs were confirmed by the defendants’ orthopedic expert.

Ken conceded liability and that all of the wrist/hand fractures and treatment related thereto were caused by the accident and that Plaintiff was entitled to reasonable compensation for those injuries.  Ken argued that none of the neck or back injuries or the substantial treatment Plaintiff received were causally related to the bus on car accident.  Plaintiff alleged $390,000 in past medical expenses and $750,000 would be required for his future medical care needs.  Plaintiff’s demand was $1.4 million.  Ken’s client had offered $425,000.  After a 4 week trial in the Superior Court of New Jersey, Bergen County, the 8 jurors returned a unanimous verdict of $10,000 for Plaintiff’s pain and suffering related to the wrist injury. They concluded Plaintiff did not suffer a causally related neck or back injury. They awarded $28,640 for Plaintiff’s past medical expenses and -0- for his future care.