TompkinsLogo_White-vector

News / Insights

< All posts

Jury Awards Minimal Damages in Case Where Liability Was Clear

Posted on May 30, 2018 by Joseph K. Cobuzio

Managing partner Joseph K. Cobuzio, with the assistance of associate Kimberly D. McDougal, defended a challenging trucking collision case in which liability was clear and the truck driver could not be located. Because nobody could testify for the defense as to liability, the Court directed a liability verdict in plaintiff’s favor and trial proceeded solely on damages.  Plaintiff alleged a variety of injuries, including vertebral fusion and harm to her shoulder.   Pre-trial motion practice by the firm resulted in the Court barring plaintiff’s late-supplied expert evidence concerning her vertebral fusion.  As for her shoulder, although plaintiff’s attorney claimed in his opening that plaintiff had no prior injuries, and plaintiff denied any previous issues with her shoulder under oath, our investigation revealed shoulder complaints arising out of an earlier car accident and confronted plaintiff with the discrepancy on cross-examination.  The jury returned a verdict of less than $30,000 for plaintiff, which the undoubtedly disappointed plaintiff is appealing.   The case is Orbea v. Butler, et al., in the Superior Court of New Jersey, Hudson County, Docket No. HUD-L-1398-14.

Recent News & Insights

Tompkins McGuire Helps Client Claw Back $300K in Trial Victory

February 6, 2019

Tompkins McGuire assisted a commercial transportation insurer to recover a substantial amount of a settlement that it paid to a personal injury plaintiff....

Read more

McEnroe Reappointed to the New Jersey Supreme Court Committee on Jury Selection in Civil and Criminal Trials

October 15, 2018

Partner Harry D. McEnroe was recently reappointed to the New Jersey Supreme Court Committee on Jury Selection in Civil and Criminal Trials for its 2018-20 term....

Read more

McEnroe and Piechta Inducted into the Northern New Jersey Chapter of the American Board of Trial Advocates

October 12, 2018

Partners Harry D. McEnroe and Leon B. Piechta have been inducted into the Northern New Jersey chapter of the American Board of Trial Advocates as Associate Members....

Read more