Recent Cases

New Jersey Law Journal

May 16, 2008

$6M for Truck Driver Hit by Freight Train

Estate of Edwin Zambrano vs. CSX Intermodal, et al:

On the day of trial, May 7, 2008, the above matter settled in the amount of $6,000,000. The settlement was accepted by Melba Zambrano as the Administratrix for the Estate of Edwin Zambrano.

On September 17, 2004 Edwin Zambrano was assisting another truck driver at the South Kearny CSX Intermodal yard when he was struck by a slow moving freight train. He left two (2) children through his marriage with Melba Zambrano and he had two (2) other children in Honduras. Mr. Zambrano suffered significant pain and suffering for 50 minutes before he was transferred to UMDNJ and sedated. He died a number of hours later. Our suit alleged that the conductor, who was supervising the movement of the train from a utility vehicle, passed Zambrano but did not warn him of the train’s approach.

Parsons says the yellow safety line that was beside the track wasn’t far enough from the rails to account for the train’s overhang, which struck Zambrano. Parsons adds that the conductor should have been on the train to warn anyone in its path.

The defendants argued that Mr. Zambrano was comparatively negligent by placing his body in the path of an oncoming train. In order to overcome this contention, this office hired a biomechanical expert, a computer animator and a human factors expert. We also retained various other experts, which included a railroad expert, a truck expert and various pain and suffering experts.

Under the settlement, arranged by Hudson County Superior Court Judge Peter Bariso, Jr., CSX of Jacksonville, Florida will pay $4,000,000; Pacific Rail Services of Seattle, which operates the yard’s container operations, will pay $1,000,000 and Zambrano’s employer, third-party defendant Dray Con Transit, will pay $1,000,000.

William R. Lane, a partner in the firm, served as co-counsel and, had the matter proceeded to trial, would have tried the case with Scott A. Parsons.

New Jersey Law Journal

September 14, 2007

$28M for Wrongful Birth

Tineo v. St. Joseph's Regional Medical Center:

A Passaic County jury on Feb. 8 awarded $28 million in a wrongful birth case over a baby born with a hereditary muscle-wasting disease.

Justin Tineo, of Congers, N.Y., was born on April 7, 2003, with myotubular myopathy (MTM). His mother Wanda was a carrier, two of her nephews died of the disease shortly after birth and there were even odds that her male child would have the condition, says her lawyer, Gerald O'Connor, of Chatham's O'Connor, Parsons & Lane L.L.C..

After becoming pregnant, Wanda sought genetic testing at St. Joseph's Regional Medical Center in Paterson. In sending out amniotic fluid to LabCorp of America in North Carolina, Dr. Aldo Khoury checked off on the request form the box for an amniocentesis test. But there was no check box for MTM testing and he did not write in a request, though he indicated there was a family history of MTM. Khoury asked how much fluid was needed and was not told the lab did not do that type of test, O'Connor says.

Justin requires 24-hour care, a feeding tube and respirator; can barely sit up, and will never walk, though he is mentally normal and has a life expectancy of about 30 years, O'Connor says.

Superior Court Judge Anthony Graziano presided at trial. The jury awarded $15 million for future medical expenses and $13 million for Wanda's anguish. Fault was allocated 50 percent or $14 million to Khoury, 40 percent or $11.2 million to LabCorp and 10 percent or $2.8 million to Dr. James Tepperberg, the lab director who signed the report.

MIIX will pay its $3 million policy for Khoury. He also has $2 million in coverage from the self-insured hospital and $15 million in excess coverage from AIG. LabCorp is self-insured for $2 million and has excess coverage with Ace Insurance, O'Connor says.

O'Connor tried the case with his nephew, Paul O'Connor.