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Verdicts & Settlements: Motor Vehicle Liability

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Rear-end collision at traffic light

April 25, 2019

Michael Leighton, 54, was stopped at a traffic light in his pickup truck when Steven Flack, driving a sedan as an employee of Scott Testing, Inc., rear-ended him. Leighton suffered multiple spinal injuries, including herniated disks at C5-6, L4-5, and L5-S1. He required pain management treatments, including epidural injections, and continues to suffer pain from his injuries.

Leighton sued Flack and Scott Testing, alleging negligence. Suit did not claim lost income. The defendants stipulated as to liability but disputed causation, arguing that the plaintiff’s injuries were degenerative.

The jury awarded $3.5 million. Before judgment was entered, the parties settled for policy limits.

Citation: Leighton v. Flack, No. MID-L-001966-16 (N.J. Super. Ct. Middlesex Cnty. Aug. 2, 2018).

Plaintiff counsel: Kelly Castor, Paramus, N.J.

Plaintiff expert: Sean Lager, orthopedic surgery, Clifton, N.J.

Defense expert: Robert Bercik, orthopedic surgery, Clark, N.J.