$2.5 million recovery for the family of a man dragged by a train to his death. Donald represented the surviving brothers and sisters in a case against NJ Transit which was very involved as it necessitated hiring train operation experts to investigate and uncover why the train doors closed on the arm of the client as he was getting off a NJ Transit train. Depositions, investigation and the copious examination of raw train data eventually revealed that one conductor was asleep and the other only stopped the train for approximately 30 seconds before it began to pull out of the station. Just before it left the station, the train doors closed on the client's arm. It was revealed that a bypass switch was placed in the wrong position, allowing the doors to close even though there was an obstacle (the client's arm) in the way. The doors were designed to spring open upon encountering an impediment even as small as a pencil. Unfortunately, this feature was deactivated by someone (fingers were pointed in opposite directions by NJ Transit and the train crew) and the door shut, trapping the client who was then dragged approximately 100 feet to his death.
The 2.5 million dollar settlement was one of the top recoveries in NJ in 2010 and the subject of various newspaper articles in the New York Times, Asbury Park Press, Coast Star and the New Jersey Law Journal. Additionally, the client's brother and Donald were interviewed by Jim Hoffer of New York's Channel 7 Eyewitness News as part of his series on Tri-State train fatalities.
$575,000 settlement to a client who was a passenger in an automobile that collided with another automobile that was in the midst of an illegal u-turn. The client suffered the loss of her spleen as well as injuries to her neck and back.
The recovery has allowed the client to plan for, and fund, her children's college educations. It was cited in the New Jersey Law Journal's 'Suits and Deals' as a noteworthy recovery.
$385,000 recovery for a small business owner who bought a security software system from a major software developer. The system never operated properly due to design flaws and exposed the client to liability for potential break ins and other security issues.
$200,000 jury verdict to a client who was injured in an automobile accident. The client visited a doctor twice for treatment of his injuries. Prior to trial, the insurance company for the other driver offered $7,500 to settle the case and the jury returned a verdict in the amount of 200,000, which actually exceeded the driver's automobile policy limits.
$375,000 recovery for a Middlesex County client who was injured in an automobile accident and suffered a brain hemorrhage two weeks later. The defense attempted to prove the brain injury was not related to the accident, but we prevailed.
$130,000 settlement for an elderly female client who fell down a flight of stairs in a restaurant in Toms River, NJ. We successfully argued that the varying heights of each stair riser created a dangerous condition that caused the accident.