On November 29, 2004, between 9:00 and 10:00 p.m., the defendant was traveling south on Middlebush Road in Franklin Township, New Jersey, when without warning, she veered into the northbound lane of Middlebush Road and struck the plaintiff's 1995 Toyota Corolla. The defendant advised the police that she fell asleep at the wheel and did not wake up again until after the accident occurred.
The plaintiff was removed from his vehicle with the "Jaws of Life." He was taken to Robert Wood Johnson University Hospital. Multiple radiographic studies were performed, which disclosed multiple broken bones. An x-ray of his right tibia and fibula demonstrated comminuted fractures of the distal tibia and fibula, with overriding of the fracture fragments and a lateral tilt of the distal fragments. A chest x-ray and x-ray of my left shoulder revealed a displaced fracture of the mid-shaft of the left clavicle, with inferior displacement of the distal fragment. Finally, a CT scan of the lumbar spine revealed a comminuted and displaced fracture of the left transverse process of the L3 vertebral body, and a non-displaced fracture of the left transverse process of the left vertebral body at L4. These fractures were accompanied by a diffuse disc bulge at L4-5 and a moderate diffuse disc bulge with a small central disc herniation at L5-S1.
The plaintiff underwent surgery which included intramedullary nailing with the insertion of a tibial traction pin to set and stabilize his leg fractures.
The plaintiff made a remarkable recovery, although his leg and back injuries have restricted his recreational and leisure activities. The plaintiff is currently an engineering student at college out of state.
Lawyer John Ratkowitz was able to resolve the case following a settlement conference before the Honorable Victor Ashrafi.