$370,000 for Injuries in West Windsor Township Car Accident

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Intersection Collision

Malhotra v. Paula Massberg, No. L-264-05
Mercer County Superior Court, NJ
Mary C. Jacobson
Gabriel R. Lependorf, Lependorf & Silverstein, P.C., Princeton, NJ
Keith Bursack, Law Office of Doreen Ryan, Wall, NJ

FACTS AND ALLEGATIONS Plaintiff Vivek Malhotra, a software engineer, 48, was driving a sedan in the left-hand lane on Route One South in West Windsor Township. Near the road’s intersection with Harrison Street, a vehicle being driven by Paula Massberg came from plaintiff’s right, pulled in front of his lane of travel, and came to a stop. Malhotra could not stop in time and a collision occurred.

Malhotra sued Massberg, alleging negligence.

Defendant stipulated to liability, but disputed the nature, causation, and extent of the claimed injuries. This case was a no-threshold, or zero-threshold, matter.

INJURIES/DAMAGES Malhotra sustained a neck strain that nearly fully healed. He also suffered from a left (non-dominant) thumb basal joint injury that was treated with two steroid injections and only gives him pain with increased activity. The plaintiff also suffered left foot neuropathic paresthesia that began to give him trouble approximately four months after the accident but continues to cause a near-constant electrical feel in his inner left foot and heel. No treatment has been rendered for this problem. The plaintiff’s expert opined that Malhotra’s injuries healed, except for his thumb, which may continue to give him ongoing pain.

The defense argued that the injuries were preexisting or degenerative based on MRI film. The defense expert opined that the neck and thumb problems resolved. The expert admitted that the foot condition was related to the accident but opined that Malhotra suffered no pain or disability from the condition.

The jury found that the plaintiff sustained injuries arising from the accident. Malhotra was awarded $370,000.
Trial Length: 2 Days
Jury Deliberations: 1.5 Hours
Jury Poll: 6-0
Jury Composition: 1 male, 5 female
Plaintiff: Richard Chang, M.D., orthopedics, Bridgewater, NJ (treating)
Defense: Thomas K. Bills, M.D., orthopedics, Lawrenceville, NJ

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The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over thirty years.

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