Verdicts and Settlements | Pender Strickland

This is what we strive for in each case. The sampling of verdicts and settlements below demonstrates that we have successfullly handled even the most complex cases, including those with catastophic injury or death, multiple defendants, and formidable advesaries. We have a proven track record of success as we commit the time and resources necessary to prove each case, no matter how complex or routine. We work as a team on each case, utilize investigators, medical consultants and the most qualified experts. We do not cut corners. We are always preparing our case to present to a jury. Our advesaries and the defense insurance companies know that we take this approach in all of our cases. This results in settlement of cases for their proper value.

$8.8 million dollar Atlantic City jury verdict against a crane manufacturer and employer found guilty of intentional wrongdoing.

Our client, a Cumberland County resident, was killed when he was rolled over by a straddle crane at work. We filed a product liability action against the crane maufacturer for defective design. The massive straddle crane had well known blind spots which caused prior injury and death to workers who were run over or struck by the cranes wheels. Simple proximity detectors and other safety features, readily available in the industry, were not added to the design. These features would have eliminated or protected against the hazard. We also filed suit against our client's employer for the deliberate removal of cages around the 5 foot high crane wheels. These cages were meant to protect against roll over. The employer's former Safety Manager warned the company owner about the hazard of workers required to perform their job in the blind spots of the crane as it moved around the yard. The company withheld the contact information for this former employee. Our investigative efforts found this individual and he provided the critical trial testimony which the company sought to hide. The jury found both defendants responsible for causing our client's death. We retained nationally recognized experts in crane safety, product design and industrial safety. The verdict remains one of the largest in the history of Atlantic County.

Medical malpractice claim that resulted in the death of a 42-year-old man who left behind his wife of 21 years and 6 children. Our client slowly bled to death in the hospital from undetected bleeding from his spleen following a biopsy procedure for suspected lymphoma. Hospital staff failed to take our client's vital signs for several hours, despite a post operative order by the surgeon to monitor the same every two hours. Later, when vitals signs were taken, our client's heart rate was nearly three times normal and his blood pressure had dropped dangerously low. In this setting, a surgeon should have been called immediately. Instead, hospital Residents were called by the nurse. The Residents left the patient shortly after the exam, despite vitals signs which one defense expert surgeon described as bad enough that "the janitor should have known to call the surgeon." More time passed. Our client eventually crashed. The surgeon was called, but it was too late. Efforts by surgeons to save our client were unsuccessful. Our investigation revealed that over 8 hours passed before a surgeon was called. We also discovered that the lead Resident was admitted to a for-profit medical school in the Caribbean, even though she did not graduate from any college or take a medical school admission test; some college credits in science was the only requirement. The same Resident failed multiple exams to qualify to work in a hospital while at the for profit "medical school." None of this information was provided to our client by the hospital or medical professionals involved. The defendants all denied any responsibility. We retained medical experts in oncology, surgery, internal medicine and nursing care. The case was resolved after 5 years of litigation shortly before jury selection.

$5.5 million dollar settlement construction site fatality caused by a defective product.

Our client was killed while working on a construction site when a 10,000 pound piece of equipment was dropped from a crane. The primary cause of the incident was a design defect, a sharp edge at the top of the unit, which cut through lifting straps releasing the load suddenly. Several contractors on the site failed to abide by safety regulations which contributed to the tragedy. Our investigation resulted in the discovery of several other drops of the same piece of equipment at other construction sites around the country due to the same design defect. These other incidents did not result in injury or fatality. The design defect was due to a decision by the manufacturer to pursue a less expensive way of making the equipment. We retained multiple experts in product design, OSHA, crane and rigging industry standards, human factors, and forensic pathology. Depositions of over 25 witnesses were taken in the case. Nine law firms were involved in the matter. Our client's young wife established a scholarship in her husband's honor.

Our client was pregnant with twins when she was improperly prescribed medication by her OB/GYN throughout the course of her third trimester. The medication was known to cause damage to the developing fetus. The doctor never advised our client of the significant risks, especially in the third trimester. As a result of the toxic effects of the medication, one of the twins sustained permanent kidney damage and brain injury. The case was made more challenging by the fact that the other twin did not suffer damage. The defense denied responsibility. We retained experts in Obsterics and Gynecology, Neurology, Nephrology and Pharmacology. The jury returned its verdict within one hour of deliberating.

$2.7 million dollar product liability settlement for the family of an Ocean County man who suffered severe burn injury and death.

Military explosive was mixed with scrap metal mistakenly delivered to recycling facility by U.S. Military Defense Contractor. Our client was working with scrap metal when a massive explosion erupted on the sorting table. Our client died the next day of severe burn injuries over his entire body. The material which caused the explosion was identified as a compound used for countermeasure flares by military aircraft. Authorities shut down the area surrounding the incident while other suspicious material was removed. The exact supplier of the material was not determined by authorities. We filed suit against the United States and defense contractors which made this material and also supplied scrap metal to the recycling facility. The United States military denied that it was the supplier. Our investigation of the case resulted in inspections and depositons at military warfare centers and defense contractors throughout the country. We were able to determine the supplier of the material, a defense contractor that sold off its scrap. We retained the foremost expert in military explosives as an expert in the case. The case was filed in the Federal Court and was settled with the Magistrate before trial.

Our client sufferred severe traumatic brain injury when his vehicle was struck by an drunk driver who was not of legal drinking age. The bar that provided the alcohol was also a defendant and was found partially responsible. The defendant driver had limited insurance, but is unable to discharge the judgment against him in bankruptcy court as he was convicted of DWI.

$2.25 million dollar settlement for Construction worker injury at industrial site

Our client sufferred severe burns, nerve damage and neurological impairment from contact with high voltage at an unprotected industrial work site. The defendant owner of the industrial site failed to follow its own safety protocols concerning shutting down electricity and blocking-off hazardous areas when outside contractors are on the property. The defendant owner denied responsibility for the safety breach and attempted to blame our client, despite eyewitnesses would heard the owners employee tell our client that the work area was safe. We retained experts in electrical safety, OSHA, neurology and the physiology of electrical injuries. After extensive discovery and trial listings, the case was resolved at mediation with a well respected retired Judge.

$2.0 million settlement sexual abuse of a minor by a church and school choir director from Atlantic County.

Our brave client, a minor, was a victim of longstanding sexual abuse by his church and school choir teacher. Our client stopped a serial sexual predator by going to the New Jersey State Police and Atlantic County Prosecutor’s Office. The predator was put behind bars. Our firm brought suit against the church and school which allowed the choir director to work with children without conducting any reference checks. The Choir Director had a past history of abusing another teenage boy at a different church. Other victims came forward following the arrest. As reported in the New Jersey Law Journal and the NJ.com, our work on the case was one of the first to utilize the 2019 Amendments to the Charitable Immunity Act and the Tort Claims Act to hold the the church and school directly responsible for the abuse by an employee or volunteer of the organization.

$2 million dollar Atlantic City automobile accident settlement involving traumatic brain injury and craniectomy.

Our teenaged client suffered a severe skull fracture and traumatic brain injury after an elderly driver ran a red light and forced the client’s vehicle into a utility pole. Our client required a life-saving craniectomy and, months later, underwent cranioplasty surgery. Our young client required extensive neurocognitive rehabilitation. Despite these severe injuries, our amazing client was able to graduate high school on time and later went on to earn a Masters degree.

Our client sustained a traumatic brain injury, loss of hearing, spinal fusion and other injuries when he fell nine feet from a balcony which was missing a railing. Our firm sued the property owner and the architect in Atlantic County for this deliberately dangerous design, which jeopardized the health and safety of workers and visitors to the property. We retained leading experts in the field of architecture, stage safety, as well as experts in the field of traumatic brain injury.

As a result of our involvement, the facility changed its practices to prevent something like this happening again. Our client underwent extensive treatment and continues to have permanent hearing loss, spinal damages and cognitive problems associated with traumatic brain injury. Prior to this incident, our client served in the military, was honorably discharged and worked many years as a sound engineer.

$1.6 million dollar settlement for Product Liability.

PTSD claim for our client who witnessed the death of his family member when a defective crane hook dropped a 1,000 pound load which caused the fatality. We proved that the fatal incident was due to the failure of the manufacture to adopt a safe design for lifting equipment. The defective product was manufactured in a foreign country and sold to a local retail outlet. This catastrophic event which occurred in Atlantic County could have been avoided by a safer design. Our firm researched the patent applications and existing safer designs of the same type of equipment. These safer designs should have been adopted as they eliminated the hazard which caused the load to drop. We retained highly qualified experts in the field with years of experience in design, manufacturing, and heavy equipment operation.

Our clients, a husband and wife, were severally injured as backseat passengers in a vehicle that was t-boned at an intersection by a pick-up truck. Both drivers claimed that they had the green light at the intersection in Sussex County, NJ. There were no independent witnesses to resolve the dispute. After extensive discovery, both vehicles insurance carriers contributed significantly to the settlement. The severe injuries to our clients included hip fractures, multiple rib fractures, and a laceration of the spleen which required emergency surgery and removal.

$1 million dollar settlement against Atlantic City casino for negligently serving alcohol to intoxicated patron who later drove the wrong way up the Brigantine Bridge.

The drunk driver caused a head-on collision with our client who was on his way to work. Our client sustained traumatic brain injury and a severe leg fracture. In addition to serving the visibly intoxicated person, it was discovered that the Atlantic City casino lost or destroyed the surveillance tapes for the evening in question, which would have documented the service of alcohol to the driver.

Atlantic City casino tour bus veered off the Black Horse Pike into a motel causing severe destruction of the motel and injury to the husband and wife inside the collapsed building. The casino bus driver fell asleep at the wheel. Our client suffered multiple injuries to legs requiring surgery. Her husband had minor physical injury but witnessed the terrifying incident and severe injury to his wife.

Our disabled client was in the process of crossing the street, with the right of way, when a transport van turned left into her and rolled over her. The driver failed to see our client in the cross walk as the he was making his left turn that morning. Our client suffered a shattered hip and required significant surgery. She was unable to walk for any significant duration due to this injury. Her significant preexisting conditions further impaired her recovery. The defendant tendered its available policy limit.

$875,000 settlement against a bar and drunk driver resulting in severe spinal injury.

This was a “Dram Shop” case brought against an Atlantic County bar for serving a patron while he was visibly intoxicated. When the patron showed up at the bar, his blood alcohol level was already twice the legal limit. He should have never been served alcohol in that condition.

Review of security video footage from the bar proved that the drunk driver was served at the bar while he exhibited signs of visible intoxication, including swaying, bloodshot eyes and a disheveled appearance. The video also showed that the bartender served this individual two full pitchers of beer, ignoring the signs of intoxication. Closer review of the surveillance video showed that the bartender himself was drinking shots with other patrons, in violation of company policy.

In order to prove the drunk driver’s blood alcohol level, at the time that he was at the bar, our firm retained a nationally recognized expert in Toxicology. Our firm also retained a highly regarded Accident Reconstruction expert to explain the sequence of events leading up to the high speed, rear-end crash.

In the end, the bar paid $850,000.00 of its $1 million dollar policy. The defendant driver paid all of its $25,000.00 automobile insurance policy. The drunk driver absconded from the state and has a warrant for his arrest for failure to appear to answer the drunk driving charges.

$850,000 Atlantic City medical malpractice jury verdict for delayed diagnosis of cancer and wrongful death.

This matter was successfully litigated all the way to the New Jersey Supreme Court involving a claim of medical malpractice resulting in wrongful death. Defendant doctors failed to diagnosis stomach cancer in a patient who resided in Cape May County. The delay of diagnosis allowed the cancer to advance and cause a loss of chance of greater survival, if proper treatment had been given in a timely fashion.

$750,000.00 settlement for severe scarring caused by a drunk who fell down a stairway and into our client.

Our client was pushed into a glass window and sustained severe lacerations. The drunk individual had homeowner’s insurance which provided coverage.

$750,000 settlement for a slip and fall at an electrical utility industrial site.

Our client tripped on the stump of a broken street sign that projected from the sidewalk in Margate. This was a Tort Claims Act case against a local town that neglected to remove loop and repair of the dangerous condition which existed for over five years. We provided proof that the condition was longstanding and should have been fixed as it was in a busy area across from a school playground. Municipal employees were in the area constantly, but failed to remedy the problem. Our client suffered a bilateral subdural hematoma from striking her head from the fall. Our client passed away two years after the fall from an unrelated medical condition. We carried the case forward on behalf of her son and daughter who promised their mother to they would see it through. The defendant’s failure to accept an Offer of Judgment resulted in the defense being required to pay attorney’s fees and expenses.

$640,000 Atlantic City settlement for automobile accident involving an elderly driver with perception and physical impairments.

This accident resulted in striking a child who was walking across the street. The defense claimed the child “darted out”. Investigation revealed severe medical issues concerning the elderly driver who was employed as a delivery person. Our client sustained a brain injury and a fractured skull.

$635,000 settlement for our Good Samaritan client who was aiding a disabled motorist on the Atlantic City Expressway.

A speeding oncoming vehicle, driving at night, did not see the disabled vehicle or our client and caused a high-speed impact that resulted in severe injury to our client. Our client was in the roadway to assist a young child in the back seat of the disabled vehicle and the child's father who was injured in the driver's seat. The oncoming vehicle was traveling too fast under the circumstances and was unable to stop in time to avoid the collision. The impact caused our client to be thrown over the Expressway concrete barrier. We retained an accident reconstruction expert and had the defendant driver evaluated by an opthamologist which disclosed night vision impairment.

$625,000 settlement for a slip and fall accident due to defective equipment in a recreational facility.

Our client, a father attending a birthday party for his child in Atlantic County, suffered a severe fracture of his right leg and ankle, requiring surgery. In addition to a claim of defective equipment causing the injury, we brought a separate claim for the intentional destruction of evidence. The recreational facility had surveillance of the area in question, but deliberately destroyed it. The video surveillance would have shown that the equipment was clearly defective when it was given to our client, and would have shown the terrible fall and injury at the facility. The property owner was incorrectly believed that destroying the video would make it impossible to prove the claim.

Our client enjoyed playing volleyball and other sports with his family and friends. Due to his injury, he is no longer able to engage in any of these types of activities. His work also demands significant travel. His injury has made traveling and walking significant distances very difficult.

$550,000.00 Atlantic County settlement for client injured by commercial vehicle that came through a stop sign resulting in spinal damage.

$500,000 settlement for dog bite that caused severe injury to our clients hand requiring extensive surgical repair.

$500,000 Atlantic City Arbitration award for impalement after client was thrown from a vehicle.

Client lost his spleen when he was thrown from a vehicle and was impaled. Our client required life-saving surgery. The binding arbitration award was for the maximum available policy limit.

Our client was severely injured when he was struck multiple times with a deadly weapon by another individual.

A state vehicle cut-off our client and caused her vehicle to flip over a guardrail on a highway in Morris County. The state worker denied that he was responsible for causing the accident. We filed a Tort Claims action to hold the state responsible for the negligence of its employee. Our client suffered significant injuries to her cervical spine, including herniated discs which required multiple epidural injections and other procedures which did not improve her condition. The case was settled as we were about to select a jury.

Our client, a maintenance worker on Long Beach Island, was injured by electricity when he attempted to open the cover of a metal circuit breaker box. Due to a failed neutral line at the service pole, dangerous voltage and current came into the home and electrified the cover of the circuit breaker box. The defendant electric service provider neglected the maintenance on the line. We discovered mutliple issues with the same line. The electrical contact caused traumatic brain injury and cognitive problems for our client. The case was settled confidentially after one week of trial.

Our client, a 12-year-old boy, was a passenger in an all-terrain vehicle (ATV) driven by an adult as part of a demonstration. During the course of the demonstration, the driver carelessly allowed the vehicle to tip over onto the passenger side, where our client was seated. As a result of crashing on the passenger side, our client sustained injury to his fingers. The injuries were to the intra-articular surface of the fingers, and resulted in a partial deformity of two of the fingers. Our client has a permanent loss of grip strength in his hand.
Fortunately, the young man was able to get back into full sports activities, ROTC and school work, despite this injury. The settlement money obtained on behalf of our client was put into an annuity, selected by his parents, and will pay him out with interest from age 18 to approximately age 30.

Our client was badly injured by a defective elevator. The Appellate Division held that the hotel was responsible for harm caused by defective elevators, and rejected the hotel’s attempt to absolve itself of responsibility by blaming the elevator maintenance company.

Our firm represented the family of a 16-year-old boy, who was tragically killed when he was a passenger in a vehicle recklessly driven by an 18-year-old close family friend. This family was visiting New Jersey when this tragedy occurred. The initial attorney who handled this wrongful death claim committed legal malpractice; the case was dismissed because the first attorney failed to serve the Complaint for a three-year period. When this was discovered, our firm was retained. We were able to get the case reinstated, and settled for full policy limits against the insurance carrier for the reckless 18-year-old driver, who caused the wrongful death of our client’s only child. We also obtained a separate settlement from the negligent attorney for his mishandling of the case.

We obtained a significant result for our client who tripped on a badly deteriorated section of boardwalk that constantly caused planks to pop up. The City failed to properly repair this longstanding problem. Our client, a recently retired nurse, required muliple surgeries to address a severe fracture of her shoulder.

New Jersey Supreme Court rules in favor of protecting a patient’s right to bring a medical malpractice claim, even when a doctor in the specialty field will not testify against a colleague.

Our client suffered injury during a routine procedure. Doctors declined to testify against a fellow specialist. The Supreme Court upheld our client’s right to bring a case where a doctor, outside the specialty but with vast experience in the procedure in question, can testify as to the negligent actions that caused the injury.

Atlantic City jury verdict for automobile accident on Garden State Parkway. Our client’s vehicle was struck when entering the Garden State Parkway by another vehicle traveling at a high rate of speed causing the vehicle to flip over. Our client suffered severe neck injury, but due to his age, was not a candidate for surgery. Client underwent long-term epidural injections.

Tractor trailer truck rear-ended our client. The tractor trailer driver was severely intoxicated. Our client suffered herniated discs in his spine, which did not require surgery but did require continued pain management.

Atlantic City settlement against intoxicated driver of a company truck which rear-ended our client.

Our elderly client suffered neck and low back injuries, which forced her to retire early.

Atlantic City settlement during the course of a trial involving an assault by a patron in an Atlantic City casino.

Video surveillance from the casino showed the patron’s stalking and threatening behavior and our client’s efforts to seek help from casino security. The intoxicated patron ultimately assaulted our client, resulting in significant shoulder and neck injuries.

Atlantic City settlement during the course of trial for a defective casino escalator.

After four days of trial and testimony by an expert, the casino and escalator company settled a claim concerning the negligent maintenance and repair of an escalator that stopped abruptly and threw our client down the steps. Client suffered a severe injury to her shoulder, which required extensive surgery.

Our 8-year-old client was savagely attacked by a schoolmate’s Akita when visiting the child’s apartment. The dog owners declared bankruptcy, but a successful investigation yielded an insurance policy held by the dog owners. The case was settled for the available policy limits.

This case involved a defectively designed machine that had been subject to a recall due to a tendency for a certain part to break-off under pressure and become a projectile. Our client was injured when he was simply checking the machine at his home. He sufferred an injury to his hand which required extensive treatment. The case was resolved confidentially in Federal Court after unsuccessful defense motions which sought to dismiss the claim by applying the law of the state where the product was made, as opposed to New Jersey law.

Settlement for Cape May driver who was rear-ended while yielding to a pedestrian.

Our client correctly yielded the right of way to a pedestrian crossing the roadway. The driver of the second vehicle failed to realize that our client had stopped, and rear-ended our client’s car.

Settlement for Wildwood worker after a smoke inhalation injury as well as pain and suffering.

Our client was using a scissor lift approximately 20 feet above the ground while painting a building on the boardwalk. The painting equipment came into contact with nearby power lines, causing a fire. Our client suffered lung injuries from smoke inhalation as well as severe post-traumatic stress disorder from being trapped in his lift until the power and fire could be controlled.

Settlement for pedestrian who sustained a traumatic brain injury after a car accident in The Villas.

Our client was struck by a car while crossing at a crosswalk on Bayshore Road. The driver of the vehicle failed to yield the right of way and struck our client, whose head struck the pavement.

Our client’s vehicle was struck from behind in a construction zone at a Garden State Parkway intersection. The accident resulted in significant spine injuries requiring multiple epidural injections.

Our client was rear-ended at a high rate of speed in Middle Township, and suffered a significant loss of income due to the resulting injuries, which prevented a return to work.

Jury verdict for wrongful death caused by delayed diagnosis of cancer in Cape May.

This case was appealed to the New Jersey Supreme Court, which upheld the original ruling in favor of our client.

Settlement for a pedestrian injured in a hit and run accident in Lower Township.

We recovered the maximum amount of coverage allowed by the insurance company for our client.

Our client sustained spinal injuries and other complications due to a fall caused by unsafe conditions at a local bar.

Our client, who was operating a moped in Cape May, was struck by a motor vehicle and sustained severe spinal cord injuries.

We helped our client recover workers comp benefits for a work injury sustained on the job as a New Jersey corrections officer.

Our client was injured while lifting heavy equipment on the job. We were able to help our client recover rightful workers compensation benefits for this work injury.

Our client recovered workers comp benefits after a slip and fall accident while on the job as a food server.

While on the job in Swainton, our client suffered a severe fracture which required surgery.

Our client, a school athletic coach, sustained a work injury that required lower back surgery.

NOTE: These Verdicts and Settlements are from actual cases handled by our attorneys while a member of Pender & Strickland; Targan Pender & Strickland or its predecessor, Targan & Pender. These results are not meant to guarantee the same outcome in a similar case. Every case is unique.

Verdicts and Settlements | Pender & Strickland