Morrison-Newkirk v. Liberty Mutual: A girl claiming she was injured in a rear-end accident was awarded $500,000 by an Essex County jury on Dec. 6 in an motion towards her auto insurer, although her restoration is to be roughly half that sum.
On Nov. three, 2014, Jade Morrison-Newkirk was stopped at a pink gentle on the intersection of Hoover Avenue and John F. Kennedy Drive in Bloomfield when one other motorist, Rayshawn Brown, did not cease and struck her car from behind at full velocity, inflicting her, in flip, to strike the car in entrance of her, stated her lawyer, Timothy Fonseca of Corradino & Papa in Clifton.
Brown claimed his brakes failed and he couldn’t cease. Morrison-Newkirk alleged that Brown negligently failed to keep up his car. Brown settled for his coverage restrict of $15,000, in line with Fonseca. Morrison-Newkirk claimed she sustained accidents to her cervical and lumbar backbone, resulting in ongoing neck ache, numbness and tingling in her left arm, and intermittent spasms in her decrease again.
She lodged an under-insured motorist declare towards her auto service, Liberty Mutual, which defended Brown’s place at trial, Fonseca stated, noting that she needed to overcome the verbal threshold. At trial, he stated, Liberty Mutual contended that Morrison-Newkirk was not injured within the accident and had pre-existing circumstances, whereas Morrison-Newkirk sought to show she was completely injured within the accident.
In keeping with Fonseca, Liberty Mutual stipulated to Brown’s legal responsibility throughout jury choice and provided $7,000 to settle the UIM declare, which was declined. After an eight-day trial earlier than Essex County Superior Courtroom Choose Garry Furnari, the six-member jury unanimously discovered that Morrison-Newkirk had an goal everlasting harm brought on by the November 2014 accident, and awarded $500,000 in complete: $485,000 for ache and struggling to Morrison-Newkirk, and $15,000 on her husband’s per quod declare.
Liberty Mutual was directed to pay $235,000, which was the coverage restrict much less a $15,000 credit score for the settlement already paid by Brown. The quantity of the decision additionally triggered the supply of judgment rule, and Liberty Mutual was ordered to pay about $136,000 in legal professional charges and $20,000 in prices, plus
$13,000 in curiosity, making the full judgment $404,802, Fonseca stated.
Liberty Mutual’s counsel, Mary Chen of Viscomi & Lyons in Morristown, declined to touch upon the case.