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Verdicts and Settlements

Ashby et al v. East Orange Police Department et als. Detective Reginald Butts, et al. Docket Number: ESX-L-8381-00

The Law Offices of Gold, Albanese and Barletti represented Detective Reginald Butts In the within matter, David F. Ashby, was the owner of a business known as "Bravo’s Café," which he claims was a sports bar and restaurant. Plaintiff alleged that on December 1, 1998 at approximately 7:30 p.m., while they were in the process of serving approximately 20 customers at Bravo’s, about 20 police officers entered the bar with guns drawn and shouted "don’t move, get down on the floor, keep your hands on the bar" Plaintiff states that the officers pointed their guns at the customers, owners and employees. Plaintiff claims that the officers searched everyone in the bar without a warrant. Plaintiffs also claimed that the officers illegally stripped searched Plaintiffs Brenda Ashby and Barbara Hatcher in the ladies’ room with the door open and in full view of the male police officers who were walking by. Plaintiff further claims that the officers terrorized every customer in the bar and forced many of them to lay on the floor. Plaintiffs claim that defendant, Detective Reginald Butts stated during the raid," see I told you I was gonna get you," which plaintiffs claim was a reference to an incident in which occurred approximately two (2) months prior when Detective Reginald Butts and a companion were refused entry to Bravo’s because both appeared to be too intoxicated at which time Detective Butts told Mr. Ashby he would "get even" with him.

On December 1, 1998, plaintiff David Ashby was arrested on a charge of serving alcohol to a minor. Mr. Ashby claims that he was transported to the police department in the rear compartment of an animal transportation vehicle which was filled with animal refuse and had no seating area. Mr. Ashby claims that he was held at the station for six (6) hours and released. The charge against David Ashby of serving alcohol to a minor was heard on East Orange Municipal Court on November 15, 1999 and dismissed after a short trial. The allegations were vociferously denied by the defendants. The matter proceeded to trial before Judge Leath in Essex County in February of 2007 and after two weeks of trial, resulted in a verdict in favor of the defense on plaintiff’s claims of malicious prosecution, abuse of process and assault.

Suds on Wheels v. Roseland Properties. HUD-L-1463-05

The Law Offices of Gold, Albanese and Barletti represented Roseland Properties. This case involved claims for tortious interference with business relationships by way of slander and defamation. The plaintiff is a valet dry cleaner. It alleged that defendant’s staff interfered with his contractual relations with the residents of the an apartment building by making defamatory remarks about his business and promoted competitors of the Plaintiff allegedly due to receiving gratuities from those other entities. The Plaintiff further alleged that as a result of these false and misleading rumors, many of Plaintiff’s customers began to use other valet dry cleaning services. The defendants denied making the statements plaintiff alleged and further argued that the statements it did make were completely true and therefore could not form the basis of a claim as a matter of law. The matter was tried before Judge O’Shaunaghassy in Hudson County in May of 2007 with the jury returning a verdict in favor of the Defendant in less than two hours time.

Ruland v. Boston Celtics (United States District Court for the District of Massachusetts, Civil Action No. 93-11086-WAG)

Plaintiff, a professional basketball player with the Philadelphia 76'ers, alleged that he suffered a career ending injury outside of the Boston Garden in Boston, Massachusetts when two ball boys from the Boston Celtics allegedly struck him in the right rear ankle with a luggage cart. Plaintiff participated in three more professional basketball games and in the fourth game, suffered a total rupture of the achilles tendon at the solius/gastrocnemius junction. From the time of the incident giving rise to the litigation to the time of the achilles tendon rupture, plaintiff had been complaining of pain in the area and receiving medical treatment. The Boston Celtics alleged that plaintiff had failed to establish negligence in the handling of the cart and that the plaintiff was unable to establish proximate cause of the tendon rupture to the incident in Boston. Additionally, Boston Celtics alleged that plaintiff’s achilles tendon had pre-existing tendinitis and that as a result of radical left knee surgery in the past, inordinate pressure was placed upon the right leg and ankle by plaintiff thereby degenerating his right achilles tendon. Plaintiff’s demand throughout the trial was $25,000,000.00, which included compensatory loss for the contract that he had just signed with the Philadelphia 76'ers and pain and suffering. The jury deliberated for 9 hours over 2 days and returned a verdict in favor of the Boston Celtics. [Top]

Guardobasio v. RoNetco, Inc.t/a Shop-Rite (Morris County Superior Court, Docket No. MRS-L-5017-91)

A female in her late 40's allegedly suffered two lumbar herniations when she slipped and fell in a clear liquid on the floor of the main aisle of the defendant food store. Plaintiff contended that the defendant was negligent for failing to routinely inspect and clean their floors. Defendant denied notice of the spill and contended that the plaintiff’s injury was either pre-existing or caused by a subsequent motor vehicle accident. The trial took five (5) days and after seven (7) minutes of deliberation, the jury returned a verdict in favor of RoNetco, Inc. [Top]

Caggiano v. Glass Gardens, Inc.t/a Shop-Rite (Passaic County Superior Court, Docket No. BER-L-4134-96)

A female in her early 50's allegedly suffered fractured humerus and one lumbar herniated disc when she slipped and fell on snow and ice as she entered the defendant’s food store. Plaintiff contended that defendant failed to properly remove the snow and ice from the entranceway to the store. Defendant contended that there had been shoveling and sanding of the area where the alleged incident occurred and that all reasonable measures had been taken to eliminate the snow and ice condition. The trial lasted four (4) days and after five (5) minutes of deliberation the jury returned a verdict in favor of defendant Glass Gardens, Inc . [Top]

Kersta v. Inserra t/a Shop-Rite (Bergen County, Docket No. BER-L-6769-95)

A male in his late 70's allegedly suffered bacterial endocarditis, with attendant mitral valve prolapse as a result of a 25 pound box of motor oil striking him in the face and causing dental injury. The box of motor oil was inadvertently knocked over by an employee of the store. Plaintiff underwent dental repair without advising his dentist of the need to have prophylactic antibiotics as a result of a mild mitral valve prolapse which had previously been diagnosed. Defendant contended that the mitral valve prolapse was becoming more severe prior to the accident, that the left anterior descending artery blockage was unrelated to the mitral valse prolapse or the bacterial endocarditis and that the $103,000.00 in medical bills were primarily related to surgery to repair the mitral valve prolapse and the left anterior descending artery blockage. Likewise, defendant contended that plaintiff was negligent in failing to advise his dentist of the need for the prophylactic antibiotics as a result of the dental work that was to be performed as a result of the accident. The trial lasted eight (8) days. The jury, after 2-1/2 hours of deliberation, returned a verdict in the amount of $35,000.00 assessing 75% liability against defendant and 25% against plaintiff for his failure to advise of the need to take prophylactic antibiotics. Accordingly, the net verdict was $26,250.00. Plaintiff’s demand throughout the course of the trial was $500,000.00. [Top]

Carabello v. Wakefern Food Corporation (Passaic County Superior Court, Docket No. PAS-L-2514-95)

A female in her early 30's sustained loss of her left eye and a cerebral, neurological injury as a result of a bottle of Poland Springs water exploding and projecting a piece of glass through her eye. Plaintiff contended that there was a manufacturing defect in the bottle and/or the store was negligent in the handling and stacking of the glass bottles, which resulted in a compromise of the glass structure to the bottle and its ultimate exploding. Defendant, Wakefern Food Corporation, took the position that there was no mishandling of the product. Plaintiff settled with Poland Springs and the bottling company for $1,000,000.00 and tried the case against Wakefern Food Corporation. The trial lasted nine (9) days and after four (4) hours of deliberation, the jury returned a verdict in favor of Wakefern Food Corporation and against plaintiff. [Top]

Modrzakowski v. Bell Food Markets t/a Foodtown (Hudson County Superior Court, Docket No. HUD-L-9677-93)

A male in his early 40's sustained a trimalleolar fracture of his right ankle as a result of a defective cellar door in the sidewalk in front of the supermarket. Plaintiff’s medical bills were in excess of $40,000.00 for the surgical repair of the trimalleolar fracture with attendant physical therapy. Defendant contended that the cellar door met the required construction code of Jersey City and after extensive collection and review of plaintiff’s medical records, defendant contended that at the time of the incident involving the plaintiff, he was intoxicated. In the third day of the trial, plaintiff accepted a $1,500.00 offer of settlement. [Top]

Head v. 562 Bayonne Corp. (Hudson County Superior Court, Docket No. HUD-L-1234-95)

A female alleged that during her employment at 562 Bayonne Corp. she was a victim of employment discrimination. Plaintiff alleged she was the victim of a series of assaults and abuse that dated back to December of 1992. This allegedly took place while she was an employee at the 562 Bayonne Corp. Plaintiff claimed to have been raped by a 562 Bayonne Corp. employee in his home. The plaintiff sought attention for her complaints with the State Civil Rights Division. Plaintiff reported that the investigator assigned to the case lured her into a hotel and raped her. Plaintiff was claiming injuries of anxiety, depression and a twenty (20%) percent loss of functional capacity. Plaintiff was demanding $1,000,000.00 in damages. This matter was tried over a period of eighteen (18) days and after one hour and fifteen minutes of deliberation the jury returned a verdict in favor of 562 Bayonne Corp. and its employees and against plaintiff. [Top]

Cannon v. Inserra, Inc. (Bergen County Superior Court, Docket No. BER-L-5320-96)

Plaintiff claimed to have suffered bilateral internal derangement of his knees with bilateral tibial plateau fractures and left knee distal femoral fracture of the left knee. These injuries resulted in bilateral knee replacements. Likewise, plaintiff suffered L-3,4 and L-3,5 disc herniations that resulted in a 360° retro-perititineal inter-body fusion with pedicle screw fixation. Plaintiff claimed that same was brought about as a result of a dangerous and hazardous condition of the premises upon which he was a business invitee. The trial lasted six (6) days and after seven (7) hours of deliberation the jury found no cause for action and entered judgment in favor of our client, Inserra, Inc. [Top]

Adams v. Inserra Supermarkets, Inc. (Bergen County Superior Court, Docket No. BER-L-4238-97)

Plaintiff claimed to have suffered congestive heart failure and a cardio-myopathy, which resulted in surgery and the insertion of a pacemaker from the failure to properly fill a hypertension medication prescription. It was alleged and established that the Shop-Rite Pharmacy failed to fill the Norvasc prescription and instead filled the prescription with Vasotec. Both of these medications are hypertension medications. Defendants stipulated to the liability and litigated the matter on proximate cause and damages. Plaintiff’s demand was $5,000,000.00. After extensive medical testimony in the discipline of pharmacology and cardiology, which took seven (7) trial days, the jury deliberated for eleven (11) hours over two (2) days and found no cause for action and entered judgment in favor of defendants, Inserra Supermarkets, Inc., t/a Shop-Rite. [Top]

Motel v. Wakefern Food Corporation (Union County Superior Court, Docket No. UNN-L-5561-99)

Plaintiff claimed to have suffered comminuted fractures of the first, second and third metatarsals of his right foot when a fork-lift that he was using malfunctioned during the unloading of a truck containing perishable goods. It was alleged that the fork-lift was either manufactured with a defect or was not properly maintained by the warehouse. The demand for settlement of plaintiff’s claims was $500,000.00. After a two (2) week trial the jury returned a verdict against plaintiff for no cause of action. [Top]

Palmasano v. Inserra, (Bergen County Superior Court, Docket No. BER-L-2826-97)

Plaintiff claimed to have suffered two (2) herniated lumbar discs and a torn right medial meniscus as a result of the failure of defendant to properly design the aisles in its retail establishment. Further, plaintiff claimed that the dangerous and hazardous condition upon which she was caused to fall was brought about as a result of the use of a dangerous and hazardous free-standing shelf that was caused to have been knocked over by another customer of the defendant. Plaintiff’s demand was $650,000.00. After a week and a half of trial, the jury returned a verdict of no cause of action against plaintiff. [Top]

Mitnik v. Collilo, Inc. (Hunterdon County Superior Court, Docket No. HNT-L-564-97)

Plaintiff alleged to have fallen and suffered a torn medial meniscus in her right leg and fractured right hip requiring hip replacement. Plaintiff alleged that the parking lot in which she fell was negligently designed, installed and maintained. Plaintiff’s demand was $450,000.00. After one week of trial the jury returned a no cause of action against the plaintiff. [Top]

Meyes v. Inserra Supermarkets, Inc. (Bergen County Superior Court, Docket No. BER-L-5610-98)

Plaintiff allegedly suffered two (2) lumbar herniated discs and underwent a 360 retro-peritaneal interbody lumbar fusion with pedicle screw fixation. The injury was allegedly caused by a collapsing display. Plaintiff’s demand was $350,000.00. After a week and a half of trial the jury returned a verdict for no cause of action.

There are numerous other cases that we could certainly summarize and provide to relative to our defense trial tactics and successes. Should you desire further information in this regard, kindly advise. [Top]

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