$4.75 Million New Jersey Settlement Against NJ DOT for Injuries and Death

 On September 19, 2003, Mr. McGlynn and his wife, Pamela McGlynn, and three children were traveling on Route 46 in White Township, Warren County, New Jersey, when a tree, which was leaning over the roadway, broke crashing through the roof of the McGlynn vehicle. Pamela McGlynn, 35, was killed instantly and her husband,  sustained severe permanent injuries, including paralysis from his waist down. Dodig and Daria hired multiple experts who rendered opinions that the New Jersey Department of Transportation should have, through reasonable inspection, been able to identify the tree that fell as a potential fall hazard. The State of New Jersey denied plaintiff’s allegations. The state argued that the tree was healthy and had no signs of structural weakness. The tree fell during a state of emergency caused by Hurricane Isabel.

No offer of settlement was made prior to the mediation before Retired Judge John Boyle, who served as mediator. Damages on behalf of the estate were governed by the New Jersey Wrongful Death and Survival Action, which limits the loss of decedent’s services to their pecuniary value. Mrs. McGlynn was pronounced dead at the scene of the crash and there was no claim for pain and suffering. Mr. McGlynn has on-going medical needs and the sizable settlement is projected to financially take care of all of his medical needs for the rest of his life.