Trial News

Jennifer Tomaselli, 42, was stopped at a red light in her SUV when Bernard Siegal’s car rear-ended the minivan behind Tomaselli, causing that vehicle to hit her SUV from behind. Tomaselli suffered a concussion and herniations to her thoracic spine, lumbar spine at L4-5 and L5-S1, and cervical spine at C6-7. She underwent two neck surgeries, including an unsuccessful disk replacement and a cervical fusion. She has also required numerous pain management procedures, such as epidural and branch block injections. She continues to suffer pain and limitations from her injuries.

Tomaselli and her husband sued Siegal, alleging liability for the rear-end collision. The court granted the plaintiffs summary judgment on liability. The defendant disputed Tomaselli’s damages.

The jury awarded $2.5 million, including $200,000 to Tomaselli’s husband. The defendant has appealed.

Citation: Tomaselli v. Siegal, No. MID-L-001362-16 (N.J. Super. Ct. Middlesex Cnty. Dec. 17, 2018).

Plaintiff counsel: Mark Kuminski, Edison, N.J.

Plaintiff experts: Baher Yanni, pain management, East Windsor, N.J.; David Matusz, spinal surgery, New York City; and Nirav Shah, neurosurgery, Princeton, N.J.

Defense experts: Eric Fremed, neurology, Englewood Cliffs, N.J.; and Robert Traflet Jr., radiology, Oradell, N.J.