Our Firm’s Case Results

Guardrail Failure

Construction Accident

Motor Vehicle Accident Judgment

Dog Bite

General Liability

Auto Accident

$490,000 Auto Accident

$490,000 Auto Accident

$1,000,000 Pedestrian Accident

$1,000,000 Auto Accident

Bergen County, NJ

SETTLEMENT – $7,500,000 – PEDESTRIAN ACCIDENT INVOLVING FIRE ENGINE

Partner Neil Weiner secured one of the largest personal injury settlements in New Jersey in 2021.  After protracted litigation, Neil obtained a $7,500,000 settlement for his client.

In February 2020, Neil’s client was struck by a fire engine while crossing a road.  Tragically, his client’s right leg was so severely damaged that it was amputated.  His client’s left leg was severely fractured as well.  He sued the borough and the local fire department.  Once a lawsuit was filed, Neil hired expert witnesses in pedestrian safety, life care planning, economics, trauma surgery and prosthetics. After the completion of all discovery, the parties agreed to enter into mediation.  The case was settled at mediation with the valuable assistance of Robert L. Polifroni, PJ Cv. (Ret.).

$1,350,000 Motorcycle Accident

Client was injured in a forklift accident.

SETTLEMENT at trial (after two-week trial just prior to summation) - $1,170,000 - Truck Accident, Supreme Court of New York, New York County

Jim’s client was a passenger in her son’s car that was struck by a NYC garbage truck on 87th Street and First Avenue in Manhattan. The truck driver claimed he had a green light. Jim’s client suffered injuries to her neck and shoulder. She underwent arthroscopic surgery to her shoulder. She developed a condition known as RSD (Reflex Sympathetic Dystrophy). Her doctors felt this condition was directly the result of the truck accident and was aggravated by the surgery. Complicating matters was that Jim’s client, on her way to physical therapy after her surgery, was involved in a second car accident, this time she was rear-ended by another vehicle.

Lawsuits were filed with regard to both accidents and the matters were consolidated in New York County (Manhattan) for trial. The City of New York (Sanitation truck) argued that our client’s claims of injury were exaggerated and that the accident was not its fault. The City made a firm pre-trial offer of $185,000. The vehicle in the second accident offered $15,000. Jim and his client rejected these offers and proceeded to trial.

During the course of trial, Jim established liability against the City by flying in a witness to the accident who had moved to Washington State after the accident. This witness confirmed that Jim’s client’s son, in fact, had the green light. Moreover, after calling several of our client’s treating physicians to establish her extensive injuries, Jim subpoenaed one of the doctors who examined her for the defense, and used this defense doctor’s testimony to help prove his case. At this point, during the trial, Jim was able to negotiate a settlement with the insurance company for the driver of the second accident for $170,000.00.

Further, after Jim’s seething cross-examination of the two remaining defense doctors, he raised his demand to a firm $1,000,000 from the City (in addition to the $170,000.00 paid by the other defendants). Immediately before closing arguments were to commence, on the recommendation of the trial judge, the City met Mr. Lynch’s demand and paid $1,000,000 to settle the case.

VERDICT/SETTLEMENT - $1,000,006 - Middlesex County, Construction Accident, (pre-trial offer $200,000)

This matter involved a forklift accident. This matter was tried to verdict by Jim Lynch. He obtained a favorable liability verdict (on very difficult liability). After the verdict, Jim settled the case for $1,000,006.

VERDICT - $1,000,000 - Supreme Court of NY, Rockland County, Failure to Install Crosswalk, (pre-trial offer $15,000) (with partner Arthur Lynch as second chair)

In this case, Jim and Arthur Lynch represented the family of a mentally challenged woman who had been struck by a car and killed at an intersection by a driver who fled the scene. The County of Rockland had failed to install a crosswalk at an intersection and signage regarding pedestrian traffic as was part of their traffic plan for the area. The deceased was not working when she died, so there were no economic injuries and the defense position was that she died instantly and had no pain and suffering before she died. The defense argued her loss of life was worth little money and offered $15,000 to settle the case.

Jim, Arthur and her family disagreed. At trial, the Lynch’s used a well-respected forensic pathologist to establish the significant pain she suffered before her death. Further, they used a highway design expert to establish why the failures of the county in their intersection plan and implementation of that plan led likely to her death. The jury agreed and awarded the family, who had spent so much time caring for nurturing their sister and daughter, $1,000,000.

$1,000,000 Motorcycle Accident

VERDICT - $987,000 - Medical Malpractice, Superior Court of New Jersey, Bergen County

This was Jim Lynch’s first medical malpractice trial, more than 15 years ago.

Note, before Jim became involved in the case, this case was rejected by several medical malpractice law firms who felt the case was very complicated and therefore too difficult to win. Jim had handled some other legal work for the client and was upset that this client would not have his day in Court. Jim agreed to take the case.

Jim’s client, a newspaper editor, had suffered from minor numbness and tingling in his right hand. He sought the treatment of a neurologist. He was then referred to the defendant neurosurgeon who diagnosed him with stenosis and recommended surgery. Surgery can be performed to widen the spinal column and alleviate the symptoms. Upon the advice of the surgeon, our client agreed to undergo the operation.

Immediately upon awakening from surgery, Jim’s client had new debilitating severe burning sensation in his left arm. Post-operative MRI’s showed a new “contusion” on his spinal cord. He was left with a permanent severe burning sensation in his arm that required several additional surgeries.

On the eve of trial, the defense offered $200,000.00 to settle the matter, which was rejected. Jim presented his case at trial with a neurosurgeon, a neuroradiologist and a urologist. Further, and most compelling, he subpoenaed our client’s first treating neurologist who initially referred the case to the defendant neurosurgeon. This neurologist did not want to testify and was friendly with the defendant. However, the trial judge found the witness to be hostile to the plaintiff’s case during testimony and allowed Jim to cross-examine the neurologist, providing crucial favorable testimony. Moreover, Jim used successful medical treatises to cross-examine the defense experts to show they were not testifying accurately as to the standards of good medical practice.

Jim obtained verdict and judgment in favor of his client for $987,000.00. The judge told Jim after the trial that it was the first plaintiffs malpractice verdict he had seen in more than 20 trials.

VERDICT - $971,000 - Superior Court, Middlesex County, Car/Truck Accident, (pre-trial offer $200,000)

In this case, Jim’s client suffered herniated discs resulting in surgery from an accident. Based on prior medical records, the defense argued that some or all of the injuries were pre-existing. Additionally, the defense argued that Jim’s client, who spoke through a Korean translator, was exaggerating his complaints. To prove the injuries and that Jim’s client was being truthful and the defense was a sham, Jim called to the witness stand every treating doctor, both before and after the injury (14 experts).

The jury agreed with Jim and his client and awarded $971,000.00.

SETTLEMENT at jury selection - $950,000 - Construction Accident, Superior Court of New Jersey, Union County

Jim’s client, an asbestos removal contractor, was injured while performing his job at a Port Authority site. While working on a beam more than fifteen feet above the ground, he disconnected his harness to move from one beam to the next. While moving, he slipped and fell onto rubble below. He suffered a severe head injury. The Port Authority denied the claim, arguing that the fall was Jim’s client’s fault.

After reviewing thousands of pages of documents from the Port Authority, Jim learned that only two days before the accident, the Port Authority had removed cables that were strung across the building. These cables were the part of the fall protection system upon which Jim’s client was to hook his harness. In the absence of these cables, Jim learned that the Port Authority provided no other means of adequate fall protection for workers at the site. This meant, that to move from one location to another high above the ground, Jim’s client had to unhook from one beam and hook to another leaving him exposed to this fall between hook-ups. In order to prove this, Jim hired a former OSHA inspector and construction safety expert who outlined this dangerous fall protection scenario at the time of our client’s fall.

Shortly before jury selection, Jim was able to settle the matter for $950,000.

VERDICT - $756,000 - Construction Accident, Superior Court of New Jersey, Hudson County

Our client, 22, was a laborer at a five-story commercial construction site. In his third week on the job, he fell into an open stairwell shaft fifteen feet to the floor below, causing a herniated disc at L4-5 and a compression fracture L4.

After accepting the case, Jim immediately retained an OSHA Safety Expert to review the extensive records of the general contractor at the site. He learned that the open stairwell had no guardrails or other fall protection as required by OSHA, placing workers such as Jim’s client at high risk of fall. Further, the area around the opening was poorly lit, even though the general contractor knew our client and others would be working into the evening hours.

The defense argued that there were no OSHA violations, that our client knew the opening was there, but simply walked into it and that the accident was completely his fault.

Prior to trial, the defense offered $150,000.00. Jim and his client rejected the offer.

Jim subpoenaed the defendant’s general contractor’s job superintendent and was able to establish through his testimony the facts necessary to establish multiple OSHA violations. Moreover, through the use of a former OSHA inspector who Jim retained as an expert, Jim established that these OSHA violations were there to protect worker’s and that had they been followed this accident would simply not have occurred.

After a six-day trial, and a one-and-half-hour closing argument by Jim, the jury deliberated for only forty minutes. The jury found for Jim’s client for a judgment of $756,000.00.

VERDICT - $710,000 - Medical Malpractice, Superior Court of New Jersey, Hudson County

Jim Lynch’s client, a 73-year-old woman, underwent cataract surgery. She lost vision in her eye after the surgery. Unfortunately, she died from unrelated causes before the trial. The defense argued that their surgeon did nothing wrong, and that the vision loss came from an unrelated stroke of the eye that “coincidentally” occurred shortly after surgery.

The defense offered $75,000.00 to settle the matter. Jim rejected this offer.

At trial, through expert testimony, Jim successfully proved that the surgeon failed to properly manage the complication of a dropped lens into the vitreous, which resulted in unchecked increased ocular pressure. As a result, increased pressure caused undue pressure on her optic nerve. This pressure on her optic nerve cut of the blood supply to the nerve and caused her blindness.

The jury agreed with Jim and found 100% for the estate of the plaintiff. The verdict and judgment was $710,000.000.

$8,290,000 Construction Accident

$6,600,000 Settlement at Trial

Our client, 47, was a laborer for a steel erector and was working on the demolition of a barn at the Bergen County Equestrian Center in Leonia. He was directed by a foreman to climb an extension ladder and use a sledgehammer to pound a steel beam. The beam moved, causing our client to fall from the ladder eight feet to the ground. He sustained multiple injuries and fractures to both legs, including compartment syndrome in his right leg that ultimately resulted in an elective above-the-knee amputation.

Initially the General Contractor and other contractors with responsibility for the demolition work at the premises denied fault. They argued that the accident was our client’s fault for swinging a sledge hammer from a ladder. They argued that our client should have tied off the ladder, footed the ladder or otherwise been more careful.

After filing the case, James Lynch and Arthur Lynch were able to establish through review of thousands of pages of documents along with taking the depositions of engineers, superintendents, foremen, workers, architects and others at the site that both the general contractor and its sub-contractor had an obligation to plan for safety of this aspect of the job, which they failed to do. The Lynches were able to establish that because of this lack of safety planning, work was being performed in a dangerous manner, and someone was likely to be seriously injured. No ladders should have been used during demolition as work platforms. Because beams move, ladders then move and people get hurt. With proper planning, ladders would have been excluded from this portion of the job and no one, including our client would have been injured.

In order to prove these issues at trial and to prove our client’s extensive damages, the Lynches hired some of the most well-respected experts in the nation. The Lynch firm prepared and lined up 17 expert witnesses for trial, including experts in the fields of orthopedics, general surgery, vascular surgery, pain management, psychiatry, rehabilitation, prosthetics, life care planning, vocational planning, economics and construction safety. In addition, more than 400 exhibits were prepared for trial, including 3D volumizations from CT Scan and animations to the experts in demonstrating the injuries.

Finally, during jury selection the matter was settled for $6,600,000, with $3,400,000 coming from the general contractor’s insurance company and $3,200,000 from the sub-contractor’s insurance company.

During jury selection, the parties settled the case for $6.6 million. Of the total settlement, JG Drywall paid $3.4 million and Triple B paid $3.2 million.

VERDICT/SETTLEMENT - $4,500,000 - Automobile Accident, Supreme Court of New York, Westchester County

An 18-year-old male (Jim’s client) was driving a Jeep Wrangler on a rural road in Westchester County in the middle of the morning. A computer salesman in his 50’s drove up behind him. The 18-year-old was driving slowly as he was unfamiliar with the area. In a passing zone, the salesman passed the Jeep. The facts were disputed from there. The young passengers in the Jeep testified that the salesman, angry that the Jeep was driving too slowly, then slowed his vehicle after passing the Jeep, thus toying with the boys. After hitting his brakes several times, the salesman then drove off quickly. The Jeep followed. As the salesman drove over a limited sight hill, he hit his brakes hard again. As the Jeep drove over the same hill, the young driver saw the now almost stopped vehicle in the roadway, swerved to avoid him, and struck a tree. There was no contact between the vehicles.

The salesman testified at deposition that he passed the Jeep uneventfully, and, as he drove over the hill, he simply braked for a squirrel. He argued that the Jeep was traveling behind him, following too closely and simply lost control.  The police noted the cause of the accident to be speeding and following too closely on behalf of the Jeep. The driver of the Jeep suffered a severe traumatic brain injury and did not testify at trial.

On the eve of trial, the defense offered Jim and his client $200,000.00 to settle the matter as they felt they would win the trial on liability. This offer was rejected.

During the lengthy trial, Jim was able to establish, through cross-examination of the investigating police officers, that the Jeep passenger’s version made the most sense in light of the forensic evidence, including skid marks, groove marks in the road and damage to the vehicle and that the squirrel story was likely contrived.

The jury agreed with Jim. After obtaining a favorable verdict on liability, Jim was able to settle the matter for $4,500,000. Jim then worked with experts to establish a trust to ensure adequate funds for any future medical care that the young driver would require.

Bergen County, NJ

VERDICT - $2,750,000 - Tractor Trailer Accident, Superior Court of New Jersey, Union County

This accident occurred at an intersection. Jim Lynch’s client was a passenger in a minivan that was struck by a tractor trailer. Moments before the accident, a wire holding the intersection light heads was apparently struck by an object protruding from the top of an unidentified tractor trailer. As a result, the red bulb for the light head controlling traffic in the minivan’s direction malfunctioned. Further, a second light head for the minivan driver had twisted so it did not face the driver. Lastly, a sun shield cover from the light head with the red bulb out was knocked off giving the appearance to the minivan driver that she had a green light when her light was in fact red. The tractor trailer who struck the wire was never identified. Further, there was no claim against the City of Elizabeth for failing to maintain the lights as there was no notice to the City of the wire being struck until this accident occurred.

The minivan entered the intersection with what appeared to be a green light. Moments later, two tractor trailers approached the intersection on the intersecting street (from her right), also with a green light. The first tractor trailer saw the minivan and was able to stop to avoid the collision. The second tractor trailer driver told police he did not see the minivan and could not avoid the collision and struck the minivan on the passenger side door.

All persons in the minivan lost consciousness and suffered broken bones. The front seat passenger, a recent immigrant from Peru, suffered a traumatic brain injury. Although in the hospital for six weeks, due to his financial condition, the front seat passenger received no additional medical treatment.

Before trial, the insurance company for the tractor trailer offered Jim and his severely injured client $50,000.00 to settle the case. This offer was rejected.

Jim retained a commercial vehicle accident expert, who specialized in reconstructing truck accidents. At trial, he was able to establish that due to the high risk of danger to other motorists, tractor trailer drivers have a higher duty of care to other motorists and must exercise additional care when entering an intersection, even with a green light. Further, he established that had this driver made proper observations of the intersection, he would have been able to see the minivan and brake with enough time to have avoided the collision (as did the truck next to him). Further, to establish the nature and extent of the injuries, Jim called as witnesses the treating Trauma Surgeon, a Board Certified Neuropsychologist, a Board Certified Life Care Planner and an Economist.

The jury found the tractor-trailer driver at fault and awarded Jim’s client $2,750,000.00.

SETTLEMENT at mediation - $1,500,000 - Automobile Accident, Superior Court of New Jersey, Middlesex County

Jim’s clients, a husband and wife, both in their 80’s, were rear seated passengers in a vehicle returning from Atlantic City that lost control and struck a tree. The husband was severely injured. His injuries were complicated by underlying medical issues. He remained in a hospital and nursing home for several months until his death. He underwent multiple operations during his extensive hospitalizations. His wife was also injured, but made a good recovery. However, before trial, she died in an unrelated car accident.

A lawsuit was commenced against the driver of the vehicle and a second lawsuit was commenced against the potential insurance companies to determine the nature and extent of the insurance coverage at issue. After the insurance coverage lawsuit was resolved, Jim was able to settle the case for $1,500,000.

$1,300,000 Auto Accident

$1,210,000 partial verdict-settlement/final pre-trial off $400,000 Construction Accident

Our client, a 57-year-old mason, was helping a family friend move some items inside and outside a warehouse when the owner decided to use second forklift to pull the another forklift out of the mud. In attempting to pull the stuck forklift, the forklift he was operating slid sideways and injured our client who was watching this operation. He suffered a pelvic fracture amongst other injuries. Jim Lynch filed suit against the company that owned the warehouse and the forklift operator. Although our client was not employed at the warehouse when this accident occurred, the defendants tried to argue that he was an employee and that the claim was barred by the worker’s compensation statue. They further argued that our client was responsible for the accident as he was too close to the forklifts during this operation.

In light of these defenses, prior to trial, the defense offered $400,000 to settle the case. This offer was rejected and the case proceeded to trial.

Mr. Lynch retained the services of an engineer with an expertise in forklift design and operation. Through this testimony, Mr. Lynch was able to establish at trial that the defendants were responsible for our client’s injuries. Further, despite the contentions of the defense, the jury agreed with Mr. Lynch that our client was not an employee of the defendants. After a substantial verdict and an appeal, Mr. Lynch was able to settle for $1,210,000, which included a waiver by the insurance company of $184,000 workers’ compensation lien.