$7,950,000 Settlement for a 30-Year-Old Driver Involved in a Motor Vehicle Accident
This case involves a significant motor vehicle crash between the plaintiff, Peter Klem and defendant, Officer Scott Haggerty (hereafter, “Haggerty”) of the Sussex County Sheriff’s Office which occurred on January 14, 2020. On January 14, 2020, at approximately 2:49 a.m., plaintiff Peter Klem was traveling on Interstate 80 Westbound near mile marker 36.2 (Rockaway Township) on his way home from work. At that time, his vehicle became disabled in the left lane/shoulder when he struck a cement center divider. Mr. Klem was not injured in this initial crash. Shortly thereafter, Haggerty was operating a 2017 Ford Explorer owned by the Sussex County Sheriff’s Department in the left hand, westbound lane of Route 80 when he violently struck Peter Klem’s vehicle. The damage to both vehicles involved in the crash is significant.
As a result of this accident, the Plaintiff suffered the following injuries:
- Transverse process fractures to the left L1, bilateral L2, bilateral L3;
- Rib fractures on the left side to ribs 1, 2, 5 posterior, 5 lateral, 6, 8, 11, 12;
- Left pneumothorax with subcutaneous emphysema;
- Left sacral alar fracture to the sacroiliac joint;
- Left superior ramus fracture with extension to the acetabulum;
- Left inferior ramus fracture to the acetabulum; non-displaced fractures of the right acetabulum;
- Transection of the aortic infundibulum (Grade 1 aortic injury);
- Severe narrowing of the origin of celiac artery;
- Narrowing of the origin of the SMA;
- Sternum buckle;
- LUL/LLL pulmonary contusions;
- Diaphragmatic injuries;
- Left and right kidney lacerations;
Future loss wages total 4 million plus
Plaintiff contends Sussex County Sheriff Offer, John Haggerty was traveling at 83.6 mph in the left lane at 2:30 a.m. and therefore, speeding and failing to keep right. Although New Jersey State Tropers investigated, troopers neglected to issue any traffic violations against defendant Haggerty. Plaintiff claimed police were biased toward a fellow officer, invoking the Blue Wall of Silence.
Defendant contends Plaintiff negligently hit the cement divider, this created a hazard and also contends Plaintiff changed his version of the crash from a truck cutting him off to a deer ran out in front of his vehicle forcing him to hit the cement divider.
The case went to mediation which was unsuccessful.
Barry Eichen retained 10 experts and undertook 15 depositions.
Defendants filed 5 motions to dismiss, which were argued by Robert J. Banas a recent partner at our firm.
Defendants were insured by Statewide Insurance Fund Coverage and defense counsel was Sharon Flynn of Gebhardt and Kiefer.