June 30, 2003
The plaintiff, a 33-year-old truck driver and warehouseman from Totowa, was operating a box truck for his employer, and was returning from a day of deliveries with a co-worker. He was traveling northbound on Route 35 just past the Morgan Creek Bridge, Sayreville, New Jersey, when the defendant, operating a tractor trailer, lost control of his vehicle and crossed over an island from the southbound lanes to the northbound lanes striking the truck operated by the plaintiff. According to the defendant, the accident was caused when an unknown southbound vehicle cut in front of his tractor trailer causing him to suddenly move to his left and brake in an effort to avoid a collision with the "phantom" vehicle, which fled the scene.
The plaintiff was rendered unconscious and suffered a severely comminuted fracture involving the posterior wall of the acetabulum, the anterior and posterior columns, the iliac wing and the ischium on the left. He was taken by ambulance to Robert Wood Johnson University Hospital but transferred to Saint Joseph's Hospital in Paterson to be closer to his family. At Saint Joseph's, the surgeon placed a femoral traction pin in the left lower extremity to maintain the pubic structure, in anticipation of more extensive reconstructive surgery.
Due to the complexity of the fracture, the plaintiff was referred to the Director of Orthopedic Trauma at the Hospital for Special Surgery in New York City, an expert in acetabular fracture repair. On July 19, 2000, an open reduction and internal fixation was performed on the displaced left anterior column and the posterior hemi-transverse acetabular fracture. The fractures were stabilized with a plate and several screws. While being evaluated prior to surgery, the plaintiff developed a blood clot requiring the insertion of a special filter. Surgery lasted about 8 hours and he was on crutches for approximately five months. In addition to the scarring from the surgical procedures, he developed a diminution to sensation in his left thigh following the surgery.
The plaintiff lost approximately 50 weeks from work, which included four periods during which he developed additional vocational difficulties on his job. He developed significant restrictions in his ability to lift or carry cargo which he was expected to load and unload. He required the use of a helper and had to restrict the number of hours he could work, limiting his previous overtime pay. Due to his injuries he developed a gait disturbance, which also significantly limited his non-work and recreational activities.
Attorney Amos Gern resolved the case on behalf of the plaintiff.
