Photo: Diego M. Radzinschi/ALM A $1 million settlement was reached on May 1 in Sutton v. Glen Ridge Country Club for a 59-year-old woman seriously injured when she was struck by a golf cart at the Glen Ridge Country Club.
On Sept. 3, 2018, Debra Sutton was struck by a golf cart while standing in front of the country club's pro shop. At the time of the accident, the golf cart was under the control of Thomas Forte, an employee of the country club. Forte parked the golf cart facing the pro shop with the engine on while he loaded a cooler with ice and water. While he was loading the cooler, a case of water fell onto the accelerator causing it to hit Sutton, who was standing 10 feet away, said Sutton's counsel, Bruce H. Nagel and Michael J. Paragano of Nagel Rice in Roseland.
Sutton was run over, her legs were crushed, and the impact forced the left side of her body to strike a nearby wall. She sustained injuries to her lower back, left knee, foot, calf, ankle, and head, which required four surgeries, the lawyers said.
Sutton underwent a lumbar spine laminectomy, posterior decompression and interbody fusion from L4 through S1, with placement of titanium cage, pedicle screws and rods. She also underwent a left knee arthroscopic partial medial and lateral meniscectomy, mild chondroplasty of the patella, and several other procedures, they said.
The $1 million settlement was reached for Sutton after three mediation sessions with Raymond A. Reddin, a retired Superior Court judge with Hall Booth Smith in Saddle Brook. The court was notified of the settlement in a May 1 letter from counsel, according to electronic court documents.
"We are pleased that we were able to resolve the matter for Debbie and Mike [co-plaintiff Michael Sutton], and that Glen Ridge accepted responsibility for their negligence and the injuries that will continue to affect Debbie for the rest of her life," said Paragano.
Counsel to Glen Ridge Country Club, Rocco Casale of Schwab Haddix & Millman in Mount Laurel, declined to comment for this story.
— Colleen Murphy
Defense Verdict in Passaic
Nabateh v. Peter Jeune: A Passaic County jury returned a no-cause verdict on Feb. 1 in the case of a motorist struck by a bus at an intersection.
According to defense counsel, on Oct. 15, 2019, plaintiff Yousef Nabateh, 29, a carpet salesperson and installer, was driving on Broadway, toward its intersection with Randolph Street, in Passaic. The driver's side of his vehicle was struck by the rear of a Coach bus driven by Peter Jeune. Jeune was directly in front of Nabateh and attempting to turn right at the intersection, when the accident occurred. Nabateh claimed neck, shoulder, back and knee injuries.
Nabateh sued Jeune and Coach, claiming that Jeune caused the accident by improperly entering the opposing lane of travel in order to turn. The plaintiff alleged that he had anticipated the bus continuing straight because the bus did not use its turning signal to indicate it was intending to turn right. The defense maintained that Nabateh was comparatively negligent. Jeune testified that his turn signal was activated. The defense contended that the plaintiff should have seen the visible warnings affixed to the rear of the bus that warned the bus made wide turns. The defense faulted Nabateh for failing to allow the bus to complete its turn.
Following the accident, Nabateh was ultimately diagnosed with an aggravation of pre-existing conditions: a herniation at cervical intervertebral disc C5-6, bulging at C3-4 and L4-5, a labrum tear in the right shoulder and a tear of the right medial meniscus. He underwent massage and exercise, and received multiple epidural injections to his cervical and lumbar spine. Nabateh further treated with pain medication. He underwent arthroscopic repair of his medial meniscus, which was followed by an arthroscopy to his labrum tear..
Nabateh's orthopedic surgeon and pain-management both testified that the accident caused permanent injuries to his cervical and lumbar spine, right shoulder and right knee. Nabateh testified that his injuries forced him to quit his job, and he ended up working at a convenient store. Nabateh also discussed how his ongoing pain and limitations affect his social life. He sought to recover over $200,000 in outstanding medical costs, plus damages for past and future pain and suffering.
The defense maintained that Nabateh had been in prior motor-vehicle accidents that caused his herniations and shoulder and knee tears. The defense's expert in orthopedic surgery testified compared Nabateh's pre- and post-accident MRIs to argue that there was no change or evidence of a traumatic injury.
At trial before Superior Court Judge Darren J. Del Sardo, the jury found that Jeune was not negligent.
The defendants were represented by Michael K. Tuzzio and John M. Hockin Jr. of Ronan, Tuzzio & Giannone in Tinton Falls.
The plaintiff was represented by Paul A. Krauss of Brandon J. Broderick's firm in River Edge.
*Editor's Comment: This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.
— Aaron Jenkins (adapted from VerdictSearch)