Trial Magazine

Rhonda Martin, 55, was vacationing in Sea Island City, N.J., and was riding her bicycle on the shoulder of a road. As she entered an intersection, city employee Jeffrey Jones, who was driving a pickup truck for the city and heading in the same direction, began turning right into the intersection. The truck struck Martin, knocking her to the pavement. The truck’s rear wheel ran over her left, nondominant arm.

Martin was taken to a hospital emergency room, where doctors diagnosed an elbow fracture and performed a closed reduction. She also underwent a skin-graft procedure to close the wound.

After returning to Pennsylvania, Martin consulted an orthopedic surgeon. Imaging revealed torn cartilage in her left wrist, a tear to the supraspinatus muscle of her left rotator cuff, and aggravation of a prior right rotator cuff tear. She underwent multiple injections of steroidal painkillers and two years of intensive physical therapy. Her past medical expenses were stipulated at approximately $20,800.

Despite the surgery and physical therapy, Martin continues to suffer a limited range of motion in her left elbow and wrist and both shoulders. She has difficulty performing household tasks and recreational activities, and she is unable to extend her left arm fully because of scarring. She will require additional surgery to both shoulders and her left wrist, scar revision surgery to her elbow, and more physical therapy.

Martin sued Jones and the city, alleging that he was negligent in failing to keep a proper lookout and yield the right of way to a cyclist heading straight through the intersection. The plaintiff’s orthopedic expert testified that additional surgery and other treatment will not restore 100 percent of Martin’s ­pre-injury function.

Jones argued that Martin was on an intersecting road and had turned into his truck.

The jury found Jones 100 percent at fault and awarded approximately $1.58 million, paid by the city’s primary and excess insurers. The award included $1.5 million for past and future pain and suffering, $60,000 for future medical expenses, and approximately $20,800 for past medical expenses.

Citation: Martin v. City of Sea Isle City, No. CPM-L-61-15 (N.J. Super. Ct. Cape May Cnty. Aug. 10, 2017).

Plaintiff counsel: AAJ member Kevin L. Parsons, Woodbridge, N.J.

Plaintiff expert: Lance Markbreiter, orthopedic surgery, Eatontown, N.J.

Defense expert: John Cristini, orthopedic surgery, Linwood, N.J.