Dennis Shlionsky Obtains $600,000 Settlement in Motor Vehicle Accident
By Snyder Sarno D'Aniello Maceri da Costa LLC on April 12, 2023
Congratulations to Attorney, Dennis Shlionsky, and the team at Snyder Sarno D’Aniello Maceri & da Costa LLC, who secured a $600,000 settlement for a Morris County woman who was injured in a Thanksgiving Day accident, when she collided with a dump truck driven by Hernando Restrepo of NYC Stone.
Plaintiff, Catherine Nicholson was traveling southbound on Limecrest Road in Andover, New Jersey in the moments before the collision. As a result of the accident, Ms. Nicholson was brought to Morristown Medical Center for head, spinal, hip, shoulder, and knee pain. Prior to the collision, Nicholson had already undergone two cervical fusion procedures due to a history of spine issues. Hesitant to seek treatment during the pandemic, Nicholson waited more than one year before next seeing a doctor and, eventually, underwent a C4-5 ACDF about 2 years later. She did not receive conservative treatment modalities in between, before or after the collision and the insurance company refused to relate her injuries to the collision.
Plaintiff alleged that the truck’s bed was raised in an elevated position as it caught overhead utility wires, which caused the truck to spin into the south lane, and strike the Nicholson sedan as it pushed her into a utility pole. Amongst several other defenses, the dump truck driver denied any wrongdoing relying on himself and several eyewitnesses who alleged that Nicholson was a passenger in her car driven by another "intoxicated" male, who was airlifted to Newton Hospital. Surveillance footage from a nearby gas station also showed that the truck’s bed was not raised several minutes before the impact. Police ultimately charged the alleged driver of the Nicholson vehicle with drunk driving and unlicensed operator.
During oral testimony, Mr. Shlionsky’s examination revealed that the truck driver had earlier signed a statement, written in English, placing liability on the other allegedly “intoxicated” driver, which he could not read. The truck driver ultimately recanted his written statement; instead, claiming amnesia relating to the moments before impact. Mr. Shlionsky also highlighted inconsistencies between the alleged “nameless” eyewitnesses. As a result, the parallel action for supposedly drunk driving the Nicholson vehicle was dropped against the other allegedly intoxicated driver.
The case ultimately settled prior to trial with NYC Stone’s insurer paying $600,000 dollars to Ms. Nicholson.
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