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Lupton v. Liggio: A   Jenkins v. Liebeskind: A man who underwent low-back surgery and ceased working after he was involved in an auto accident was paid a $650,000 settlement in his Ocean County Suit on March 27.

On Sept. 23, 2013, Edward Jenkins was headed southbound on Lanes Mill Road in Brick when Kalman Liebeskind, heading in the opposite direction, attempted to turn left from Lanes Mill Road to Stephen Road, after which Jenkins struck him, according to a police report and Jenkins’ attorney, Craig Laughlin of Gale & Laughlin in Hazlet.

The Suit claimed Liebeskind suddenly turned in front of Jenkins, causing the collision.

Jenkins, currently 62, underwent numerous procedures to treat his lower back injuries, ultimately undergoing a two-level lumbar fusion with implantation of hardware and a bone graft in August 2016, Laughlin said.

Jenkins worked as a phone system technician but was unable after the accident to make service calls, he claimed.  He worked from home for a period of time, but eventually was terminated, Laughlin said.   The suit claimed medical expenses of $607,000 and future lost wages of $662,000.

The defense disputed Jenkins’ lost wage claim and contended that at least part of Jenkins’ back pain was due to pre-existing conditions, though Jenkins had had no prior treatment to his back, according to Laughlin.

The parties had gone through expert discovery and had a trial date before Superior Court Judge James Den Uyl when the matter settled on March 16.   Liebeskind agreed to pay $650,000 from two Encompass Insurance Co. policies, Laughlin said.

Liebeskind’s counsel, John Simons of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, didn’t return a call about the case.

                        David Gialanella – New Jersey Law Journal

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