Martin Kane Kuper
Consultation is Free
1.877.NJLAW4U
(732-214-1800)
Martin Kane Kuper
Consultation is Free
1.877.NJLAW4U
(732-214-1800)

Practice Areas

Contact us with your questions

Please select your recipient:

Your Name (required)

Email Address (required)

Phone (required)

Brief description of your issue (required)

captcha

Llamenos con sus preguntas

Vista esta formulario en Inglés.

Firm News

John Harding Successfully Defends Client to No Cause Verdict

Martin Kane Kuper Partner John Harding recently defended a client in an automobile accident case titled Nancy Prudent v. Glenn Van Pell.  The case was tried before Judge Carter in Middlesex County. Liability was stipulated, and Plaintiff was subject to a limited threshold for automobile claims. Plaintiff was found to have suffered a herniated disc at L5-S1 following a T-bone automobile accident on December 8, 2012.  The plaintiff had a prior history of back problems but contended the problems were aggravated by the accident and that the L5-S1 disc herniation was a new finding.

She called as her experts, Dr. Rijsinghani, the radiologist who originally read the plaintiff’s MRI films. He testified that films before the accident did not show any herniation but that films done two months after the accident showed the herniation. Dr. Wheeler, a radiologist and pain management doctor testified that the herniation was a new finding and was causally related to the accident. The defense called Dr. Robert Bercik, an orthopedic surgeon, who testified that the films done before the accident did indeed show a pre-existing herniation that was not affected by the accident.

The jury found no permanent injury causally related to the accident and therefore no cause of action. The case was tried by Glenn Slavin for the plaintiff and John W. Harding for the defendant.

Jim Martin Secures $1.225 Million Settlement for Failure to Diagnose Lung Cancer

Our client died partially as a result of a missed diagnosis of lung cancer by Defendant doctors. Before the completion of the defense case during the trial, we settled for $1.225 million.

In March of 2009, our client received a chest x-ray (CXR) taken as part of a routine physical exam at Bridgewater Medical Group. The x-ray was sent to Associated Radiology, where certified radiologist, Dr. Terry, read the CXR and determined that he saw “nodularity” in the lower lobe of the right lung. He presumed it to be a nipple shadow and wrote that it “could” be confirmed by a repeat exam using nipple markers. The report was returned to ordering internist Dr. Lytle, who did not feel it reported an abnormality and never informed the patient of the findings. In September of 2011, the client had a CT scan taken as a result of complaints of a mass in the area of the right clavicle, which demonstrated a large mass in the right lower lobe of the right lung. A follow-up MRI showed a lesion on the brain, leaving the patient with stage 4 lung cancer and no chance of survival. In December of 2012 the client was diagnosed with a second “primary” cancer in the right kidney. The client died in June of 2013 of kidney failure cause by “primary renal cancer.”

Plaintiffs brought suit against Dr. Lytle for violating the standard of care in failing to follow up the abnormality in 2009, along with Dr. Terry for misinterpreting the CXR and failing to use appropriate language to convey that a follow up “should” be conducted. Furthermore, plaintiffs conducted independent pathological testing which refuted the Robert Wood Johnson Hospital finding of a second primary tumor and discovered that the kidney mass was in fact a metastasis of the lung cancer.

The case was tried by Jim Martin before Judge Vincent LeBlon in Middlesex County, NJ over the course of four weeks and was settled prior to the end of the defense case. Princeton Medical Insurance Company paid $1,225,000 on behalf of Dr. Lytle. Dr. Terry, Associated Radiology, and Bridgewater Medical Group did not contribute to the settlement.

Defendant Lytle was represented by Jeffrey Krompier of Krompier & Tamm and Bridgewater Medical Group by David Donahue of Farkas & Donahue Esq’s. Dr Terry was represented by Justin Johnson of Marshall, Dennehey, Warner, Coleman & Goggin.

Todd Drayton Wins $2.25 Million Verdict for Slip and Fall Client

October 29, 2015 – We are please to announce that a Passaic County jury has awarded a $2.25 million verdict to Maria Santana, a mail sorter for DHL, who slipped and fell on black ice in the parking lot of her employer. A single mother and grandmother of one son and two grandchildren, Ms. Santana was represented by our Associate Todd Drayton of Martin, Kane, Kuper, LLC.

On February 3, 2011, Ms. Santana was heading into her place of employment in Rutherford when she slipped on a sheet of black ice.  During the fall, Ms. Santana tore the medial meniscus in her left knee, which required arthroscopic surgery to repair, and suffered bulging discs in her lumbar spine at L4/L5 and L5/S1.  She also suffered bilateral lumbar radiculopathies which continues to cause her pain and numbness that radiates from her low back down her legs into her feet.

Ms. Santana brought suit against the property owner, AMB Property Corporation, and the company responsible for snow and ice remediation at the property, Greg Tanzer Sprinklers and Outdoor Design (Docket Number L-0123-13).  The trial continued for eight days and was presided over by the Honorable Randal Chiocca, J.S.C.

At trial, Mr. Drayton presented evidence from several witnesses, including an expert in orthopedic surgery who performed an independent medical examination of Ms. Santana and testified that Ms. Santana’s back and knee injuries were permanent.  The expert opined that the prognosis was “poor” that Ms. Santana would ever be able to return to her pre-accident level of functioning.  Therefore, Mr. Drayton argued that Ms. Santana’s damaged discs would deteriorate at much faster rate and to a more severe endpoint, and that she could look forward to a future marked by painful arthritis and by diminished functioning in both her left knee and low back.  Mr. Drayton further argued that, given her age, Ms. Santana would likely need a total knee replacement in the future.

At the time of the fall, Ms. Santana was 52 years old, but had never suffered any injuries to her left knee or low back.

On Wednesday, October 28, 2015, the jury returned their multi-million dollar verdict in favor of Ms. Santana after only an hour of deliberations.  They apportioned 70% of fault to the property owner and 30% of fault to the snow and ice remediation company.

Jack Gillick Named VP of Legal Counsel for Monmouth Council of Boy Scouts of America

Currently an Assistant Troop Leader for his own daughters’ Girl Scout troop, Jack is a lifelong supporter of Scouting and is proud to have been asked to join the Executive Board for the local council of the nation’s largest youth development organization.   The values, leadership skills, and character-building which are the focus of Scouting are also those which exemplify the best of our legal profession.  This appointment further exemplifies the character of the attorneys at Martin Kane Kuper.

Jack Kane Secures $390k for Client who Suffered Dog Bites

Our client was a 12-year-old from Ocean County, NJ who was bitten twice by a large dog (St. Bernard). The child suffered a large bite to the tricep muscle with 75% muscle loss, as well as a bite to the knee with puncture wounds. Treatment consisted of closing the wounds and therapy to regain muscle tone in the upper extremity. Our client was also treated on 2 occasions with a psychologist for nightmares and a general fear of dogs.  The child healed nicely and resumed all regular activities within two years of the incident. Petra Vavra worked with Jack Kane on the case, which was mediated and settled prior to the scheduled trial date for $390,000.

 

Corine Mogenis, and Martin Kane Kuper awarded Certificates of Appreciation for Outstanding Support of and lasting contribution to Peppermints & Ginger Comfort Kits Inc.

20150625_091402Patti, a Legal Nurse Consultant who regularly works with our firm on special projects in the Plaintiff’s division, has started a wonderful non-profit to help those undergoing chemotherapy. We are proud to support her efforts in many ways. A recent description is below.

A small start-up registered 501(c)(3); not-for-profit company has banded together to help make the life of chemotherapy recipients a little bit more comfortable. The company, Peppermints & Ginger Comfort Kits, Inc. is headed by Patricia Raya, B.S, RN, BC, MBA and co-author of the award winning book, “Medical Tips from the Inside…Things You Need to Know!” Her life in health care has brought her to realize that patients receiving chemotherapy need more than medicine in order to survive. They need comfort.

Ms. Raya has assembled a group of volunteer workers to assemble “Peppermints & Ginger Comfort Kits” and distribute them to hospitals for all patients receiving chemotherapy treatments. The kit’s contents (peppermint and ginger teas, soft bristle toothbrush, alcohol free mouthwash and toothpaste, warm socks, bag balm and a relaxation CD) are designed to reduce the side effects of chemotherapy as well as reduce stress and offer the patient some relaxation. The workers are free! The kits are free! The kit’s contents are not free. Donations are needed to buy the kits’ supplies. Tax-free contributions in order to purchase, assemble and deliver the kits should be made out to: Peppermints & Ginger Comfort Kits, Inc. Help bring comfort to the patients who are receiving chemotherapy. Today you can help put the big “C” COMFORT in chemotherapy

Jack Gillick Sworn In Before United States Supreme Court

Supreme CourtWe are proud to announce that partner Jack Gillick was recently sworn in to practice before the United States Supreme Court. An honor bestowed on less than five percent of attorneys, Jack joined a group of approximately 20 attorneys from Middlesex County whose motion for admission was granted by Chief Justice John Roberts. While hopefully your case will never proceed to the highest court in our country’s justice system, you can rest easy knowing that you are in excellent hands with the attorneys at MKK, no matter where life takes you

Martin Kane Kuper and Corine Mogenis Honored

20150531_155937Martin Kane Kuper Esqs. were honored at the Simmuel Whitfield Simmons Organization’s fundraiser on Sunday May 31, 2015 at the Crossroads Theatre Co., New Brunswick NJ. Medical Paralegal, Corine Mogenis, accepted the award on behalf of the firm for continued dedication and support to the organization. The Simmuel Whitfield Simmons organization is committed to helping local families in need and in supporting and assisting youth to have better opportunities in education and their future. SWS recognized the firm’s years of generosity and participation in community events and needs and confirmed that their mission could not continue if it was not for the support of offices like Martin Kane Kuper.

In addition, our Medical Paralegal Corine Mogenis was honored at the Fundraiser for her commitment to the charity and the community. She received an “Outstanding Community Service” award during the presentation and was thanked for her constant dedication to SWS and for always being there when called upon for families or children in need.

The firm is very proud to be associated with this fine organization, and are very proud of Corie for her continued dedication.

Jack Gillick Named Trustee of NJ Bar Foundation

gillick_jack_vlf14930_252x250The firm is proud to announce that partner Jack Gillick has been selected as a Trustee for the New Jersey State Bar Foundation.  The Foundation is the charitable arm of our State Bar Association and provides scholarships, grants and programming aimed at increasing the awareness, appreciation and knowledge of the legal system among New Jersey residents.  A former President of the Middlesex County Bar Foundation, Mr. Gillick is looking forward to helping this great organization expand its outreach, especially among school-aged children and young adults through such programs as Law Day and the Mock Trial Competition.

Jack Kane settles MVA for $900,000

Plaintiff was an EMT who was injured in a motor vehicle accident while responding to an emergency. He sustained spinal injuries including a herniated disc at C5-6. Epidural injections were first attempted and then an anterior cervical discectomy and fusion was performed. This resulted in a nonunion and a second surgery – posterior fusions with autograft was performed followed by additional epidural injections.

John Harding Wins Trial and Joins Prestigious Organization

John Harding recently prevailed in a trial before the Honorable Melvin Gelade in Middlesex County.  The claim involved an automobile accident in which the plaintiff’s vehicle was struck on the driver’s side.  The plaintiff alleged that he sustained a torn rotator cuff and torn labrum of the left shoulder as well as a torn medial collateral ligament in the left knee.  Mr. Harding argued that the injuries sustained by the plaintiff in the accident were soft tissue in nature and not permanent injuries.  He argued that the tears of the shoulder and knee were unrelated to the accident.  The matter was tried for five days.  In the end, the jury rendered a verdict in favor of Mr. Harding’s client.

John was also recently accepted as a member of the Northern New Jersey Chapter of ABOTA (American Board of Trial Advocates).  ABOTA is a national organization founded in 1958.

It is dedicated to the preservation of the civil jury system. They seek attorneys who display skill, civility and integrity to help younger attorneys achieve a higher level of trial advocacy and to educate the public about the vital importance of the Seventh Amendment (which protects the right to trial by a jury of fellow citizens).  Its members work to elevate the standards of integrity, honor and courtesy in the legal profession.  Mr. Harding is proud to have been accepted as a member of this prestigious organization.

Jim Martin Appears as Featured Guest on TV Show

Partner Jim Martin appeared as a featured guest on a Princeton Community Television’s show: Medical Tips You Need to Know. The show is co-hosted by Martin Kane Kuper’s own Corine Mogenis. Jim discussed  a wide range of issues surrounding medical malpractice, from  common claims to procedural issues and the current state of medical malpractice litigation. The segment is informative, with valuable information surrounding the issues prevalent in the field, and some intricacies of practicing in Middlesex County, New Jersey. Jim  also describes the nature of his  practice and how he views several key malpractice  issues.

 

Jim Martin, Jack Kane, Eric Kuper and John Harding Recognized

Recently, the Middlesex County Trial Lawyers Association honored their past Presidents at the annual Breitkopf Award Dinner held at the Colonia Country Club.   The organization has existed for over 50 years to help educate trial attorneys and contribute to various charitable organizations throughout Middlesex County and the State of New Jersey.   The firm is honored that Jim Martin, Jack Kane, Eric Kuper and John Harding have all served as President of this worthy organization.   The firm will continue to support this organization in its future endeavors.

Martin Kane Kuper Partner John Harding Hosts Annual Award Dinner

2014 MCTLA Awards 95On October 23, 2014 John Harding, as President of the Middlesex County Trial Lawyers Association, hosted the annual Breitkopf Award Dinner.  The dinner was attended by several members of the judiciary as well as many top  attorneys from central New Jersey, including several past Presidents of the Association and all living past award winners.  Every attorney from Martin Kane Kuper was in attendance. The past Presidents and Award winners were photographed and recognized during the dinner.   After Alan Dunst and Peter Hendricks spoke on behalf of the honoree, Mr. Harding presented the 2014 Breitkopf Award to the Honorable C. Judson Hamlin.

The living past Presidents of the Middlesex County Trial Lawyers Association, including four Martin Kane Kuper Partners

The living past Presidents of the Middlesex County Trial Lawyers Association, including four Martin Kane Kuper Partners

Martin Kane Kuper Achieves Fifth Consecutive Best Law Firm Ranking

Best-Law-Firms-2015Martin Kane Kuper, LLC of East Brunswick, NJ and Perth Amboy, NJ is proud to announce that the firm has received a Tier 1 ranking in the 2015 edition of U.S. News’ Best Law Firms in America. The basis for this award includes impressive feedback from clients, as well as nearly 4 million confidential evaluations from the top attorneys in the country. The 2015 rankings are based on the highest number of participating firms and highest number of client ballots on record. The publication is considered to be the most respectful referral list of practicing attorneys and firms, and the most credible guide to legal excellence in the United States. In order to be eligible, a law firm must have a top attorney recognized as a Best Lawyer – Martin Kane Kuper has many.

 

Martin Kane Kuper Collects Winter Coats

20141028_130519Martin Kane Kuper collected warm winter clothes, boots, coats, gloves, scarves, toiletries and more, in conjunction with the Jersey Knights Soccer Club of North Brunswick, NJ, and together, they loaded a van FULL of items for Elijah’s Promise of Central New Jersey. Ruben and Paul from Elijah’s Promise were thrilled with the amount that they picked up and will be able to distribute to all those in need they assist on the streets and shelters in the outreach program.

Firm Collects Goods for Elijah’s Promise

Employees at Martin Kane Kuper collected clothing, shoes, personal hygiene products and more to donate to Elijah’s Promise, located in New Brunswick, NJ. Elijah’s Promise is a non-profit charity based organization whose mission is to end the cycle of poverty. From one on one outreach programs to homeless on the local streets, to their soup kitchen in downtown New Brunswick, as well as the many community programs that they have to assist those individuals and families in need, Elijah’s Promise provides a wide array of services to combat poverty.

20141009_114815-1

Pictured is Corine Mogenis, Medical Paralegal, who organized the donation drive and Ruben Cortez, HEART Case Manager for Elijah’s Promise.

Firm Donates Money and Time to  the Carmel J. Faiello Memorial Fund

20140915_131136 20140915_131150

Martin Kane Kuper made a generous donation to the Carmel J. Faiello Memorial Fund Annual Golf Outing, their biggest fundraiser of the year, and Medical Paralegal Corine Mogenis volunteered at the event. CJFMF is a non-profit organization that was founded in honor of Carmel J. Faiello who was a pillar in the education community and passed away at a young age from cancer. The fund is committed to doing good deeds for children in need. They donate and assist other charitable organizations that help children in need, provide support to local families in need, and have a scholarship program for children requiring education assistance who are interested in pursuing a career in education. They also support the educational needs of children whose parents were killed or severely injured in the line of duty as law enforcement, first responders or members of the military.

 

Jim Martin Named Lawyer of the Year, Best Lawyer for Fifth Consecutive Year

bl-logo-dana
Martin Kane Kuper Partner Jim Martin has been named the Lawyer of the Year in the field  of Plaintiffs’ Personal Injury Litigation for the Princeton, New Jersey region. There is only one Lawyer of the Year for each region.

Best Lawyers has also named Jim as a Best Lawyer in the areas of Plaintiffs’ Medical Malpractice Law, Plaintiffs’ Personal Injury Litigation, and Plaintiffs’ Product Liability Litigation. This is the fifth consecutive year that Jim has received these honors.

Best Lawyers  is the oldest and most respected peer-review publication in the legal profession. A listing in  Best Lawyers  is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Firm Donates to Local Hunger Organization

Martin Kane Kuper was recently recognized for its donation to Elijah’s Promise – a Central New Jersey organization that  uses  food as a tool to alleviate hunger, empower lives and invite justice for the most vulnerable members of the  community. They  operate a community soup kitchen, culinary arts school, catering business, pay-as-you-can café, and connect low-income individuals and families with social and health services. With the support of volunteers, donors and community partners, the organization  serves more than 100,000 meals per year and trains previously unskilled workers for careers in the food service industry.

Partner Jack Gillick Presents Awards for Middlesex County High School Essay Contest

Jack Gillick AwardsJack Gillick, a partner at Martin Kane Kuper, had the privilege of presenting three Middlesex County High School students with awards for their winning essays as part of the Middlesex County Bar Foundation’s Project Law Essay Contest.   Mr. Gillick has been chairman of Project Law for the last five years.   This annual contest provides scholarship money to three students for their essays, which focus on a question of constitutional rights.   The essays are graded blindly by local teachers and the contest meets New Jersey’s Core Curriculum standards.

Each student is presented with a $1,000 check, a commemorative plaque, and a congratulatory letter from Assemblyman Pat Deignan. The three winning essays are also read aloud by Superior Court judges during a ceremony held at the Middlesex County Courthouse.   Mr. Gillick, who is the immediate past president of the Foundation and also a Trustee for the County Bar Association, also collects used work clothes for the New Brunswick-based charity Hire Attire and also runs a holiday toy drive on behalf of New Jersey’s Division of Child Protection & Permanency (formerly DYFS).

Associate Todd Drayton Speaks at Middle School Career Day

Todd Drayton Career DayMartin Kane Kuper Associate Todd Drayton was invited back to John L. Costley Middle School in East Orange on May 23, 2014 to speak to Seventh Graders during the school’s annual €œCareer Day € event.   Mr. Drayton was one of several professionals asked back to the school to impart practical career guidance to the youth €“ a guest list which included law enforcement, medical professionals, firemen and a chief judge of the Newark Municipal Court.

Each presenter was escorted throughout the school by a €œstudent ambassador € and asked to speak in each classroom about their profession.   After teaching his students about the differences between New Jersey’s criminal and civil law, Mr. Drayton took the opportunity to inspire the seventh graders to start looking inward to determine what interests them most, and then begin focusing on those passions.   He encouraged them to set five short-term and five long-term goals, and reminded them that it is never too early to pursue their dreams.

Paralegal Corine Mogenis Recognized by National Women’s Healthcare Group

3817752_300x300“Disruptive Women in Health Care” is a platform for provocative ideas, thoughts & solutions in the health sphere based in Washington, DC. The “Top Health Policy Blog” is composed of former members of Congress, elected officials, health professionals, patient advocates and researchers. The group  asked Martin Kane Kuper Medical Malpractice Paralegal Corine Mogenis  to contribute a story about herself  and why she does what she does.  They published the article online and across social media.

The article can be found at DisruptiveWomen.net.

Jury Returns $2 Million Verdict on Behalf of Martin Kane Kuper Client

brianyesalonisOn  May 7, 2014,  Martin Kane Kuper attorney Brian Yesalonis delivered a just result for his injured client.  A  Middlesex County jury came back, after 1 1/2 hours of deliberation, and returned a $2 million verdict on behalf of Plaintiff, Joseph Berkowitz, 40 years old. The 2 1/2 day trial was before the Honorable Barry Weisberg.  

Mr. Berkowitz was stopped at a light on Route 18 in Old Bridge when he was struck in the rear by a motor vehicle driven by Defendant Susan Soper.  Mr. Berkowitz suffered an injury to his neck, a new bulge in his low back at L2-3 and a bulge at L4-5 that increased in size  and aggravation, as well as aggravation to other pre-existing bulges in his low back. He did physical therapy and underwent four epidural steroid injections in his low back for treatment. Further testing revealed a severe right sided radiculopathy. Dr. Arthur Becan, an orthopedic surgeon, provided testimony on behalf of the Plaintiff.

 

MVA/Wrongful Death Case Settled on Behalf of Adult Siblings For Loss of Their Brother

Martin Kane Kuper would like  to announce the resolution of a tragic case in which our client, a 67 year old single male,  was operating a pickup truck and was hit by a tractor trailer who was making an illegal U-turn. Our client was pronounced dead at the scene. He was survived by 2 siblings only, with no economic dependency.

With a weak argument on the wrongful death claim in this matter, we obtained an expert who was able to quantify the economic value of the €œloss of services € which the siblings did in fact suffer as a result of their brother’s death.   Even in the face of a tenuous pain and suffering claim and no real economic dependency by the brother and sister, the matter was settled for $575,000.00 in the early stages of litigation.

Spotlight on Medical Paralegal Corine Mogenis

Corine Mogenis is a Medical Paralegal who has worked in our Medical Malpractice/Personal Injury Dept. for 16 years. She has over 25 years of experience in legal/medical investigation. Her work has led her to become an active patient advocate. She is the Co-Author of the award winning book, €œMedical Tips from the Inside…Things You Need to Know!” by Merit Publishing International. The book is geared toward the general public and urges them to take charge of their medical care and to get involved. It explains the importance of second opinions, how to get your medical records and what to do when diagnosed with a major illness. It urges patients to speak up and take charge of their healthcare! It has been released both in the US and Internationally.

The book can be purchased on Amazon.com.

Corine has given many speeches and book signings throughout the state of NJ, and has been on numerous radio programs, both local and national. She has been interviewed by newspapers and magazines about her passion for patient advocacy. She has been a guest on local cable TV shows in NJ discussing the book and its mission to help educate consumers on their rights as patients.

She has also Co-Hosted her own TV show on Princeton TV, for almost 2 years now, called “Medical Tips You Need to Know!” It is a 30-minute talk show that covers hot health topics and concerns. The show is also aired on Long Branch TV, Summit TV, Piscataway TV, as well as Rutgers TV regularly. Other TV stations throughout NJ and PA also air many of the episodes.   She is a regular expert consultant for Nurse Talk Radio in CA and Askimo TV (an online expert community). Corine is also a health blogger for the South Brunswick Patch.

You can find daily health tips, episodes of the TV show, interviews and more on the Facebook page.  The page has generated over 5,700 fans from around the world, comprised mostly of medical students and health educators.

In her strive to continue to help those she comes in contact with regularly in her daily line of work, she volunteers for numerous organizations, including The American Cancer Society, The Center for Hope Hospice Center, The Simuel Whitfield Simmons Organization, Elijah’s Promise, Peppermints & Ginger Comfort Kits, Tamika & Friends and Voices for Patient Protection Inc.

Corine is a dedicated Medical Malpractice professional who not only dedicates her time to assisting those who were the victims of medical negligence, but who takes those examples and uses them as her enthusiasm to help others get better educated. Corine empowers others to take charge of their healthcare and prevent them from becoming another medical negligence statistic.

Partner John Harding Busy Both In and Out of the Courtroom

Mr. Harding tried another case entitled Endrawis v. Ganesemoorthy in Middlesex County before Judge Weisberg.   The trial began on March 4.   After plaintiff had completed his case on March 5, John moved for a directed verdict on behalf of his client.   The judge granted his motion, finding that the plaintiff had failed to provide proofs that were necessary to allow the case to go to a jury. Mr Harding’s client was dismissed from the case with no liability.

On March 7, 2014, Mr. Harding shared the dais with, among others, New Jersey State Senate President Stephen Sweeney, Senator Raymond Lesniak, and Senator Nicholas Scutari (who is also the Chairman of the Judiciary Committee) for the swearing in ceremony of new Judge Timothy P. Lydon who was installed on the bench in Middlesex County. John addressed the crowd and the new judge, welcoming him to the bench on behalf of the Middlesex County Trial Attorneys.

Finally, on Thursday March 13, as President of the Middlesex County Trial Lawyers Association, John hosted a seminar on hearsay at The Pines in Edison.   The seminar was well attended and well received.   Several prominent members of the trial bar and former members of the judiciary spoke, and there was a lively Q&A after the presentation.

Medical Malpractice Awareness Responds to MKK’s Corie Mogenis

Recently, the website Medical Malpractice Awareness issued a response to a post by Martin Kane Kuper employee Corie Mogenis regarding the state of medical malpractice awareness in the United States. Having worked as a medical malpractice litigation paralegal in New Jersey for almost 25 years, Corie has seen it all. Ms. Mogenis is a passionate advocate for patients’ rights, and has both co-authored a book and been prominent on a local TV show with the hopes of educating and empowering people to take charge of their own healthcare.

John Harding Busy in Court – Wins Two Trials

John Harding won two more trials in  Middlesex  County.  In the first case, Mr. Harding represented Donna Cappucino who was involved in a motor vehicle accident.   The plaintiff claimed that as a result of the accident he suffered permanent injuries in the form of multiple herniated discs and damage to his nerves.   The case was tried before Judge Bergman over the course of several days.   At the end of the trial, the jury found that the plaintiff had not proven a permanent injury and found in favor of Ms. Cappucino.   The jury awarded the plaintiff a small amount to compensate him for a temporary loss of employment (an issue that was not disputed by the defense).   An appeal is not anticipated.

On February 12, 2014, Mr. Harding achieved another favorable verdict for his client Jacqueline Crosson.   Mrs. Crosson was sued as a result of a car accident.   The matter was tried before Judge Paley in  Middlesex  County.   The plaintiff claimed that Mrs. Crosson was a cause of the accident which resulted in the plaintiff allegedly sustaining multiple herniated disks in his neck requiring treatment including physical therapy and injections.   After three days of trial, the jury determined that Mrs. Crosson was  not liable  for the accident and rendered a verdict in her favor.

Partner John Harding Speaks at Swearing-In

On February 7, 2014, John Harding was honored to speak at the swearing in ceremony of newly appointed Judge Crisitello, one of four new judges recently appointed to sit in  Middlesex  County.   The ceremony was presided over by Middlesex County Assignment Judge Travis Francis.   Mr. Harding was joined at the podium by several dignitaries including former Governor Donald Defranceso and State Senator Nicholas Scutari.   Judge Crisitello will be sitting in Essex County temporarily but will soon join the bench in Middlesex County in the Civil Division.

John Harding Welcomes Newest Member of Middlesex Bench

On January 29, 2014, John Harding helped to welcome Middlesex County’s newest judge, Judge Marcia Silva.   Speaking at her swearing in ceremony before the Middlesex County Judiciary, members of the State Senate and assembled guests, family and friends, Mr. Harding congratulated Judge Silva and presented her with a gift on behalf of the Middlesex County Trial Lawyer’s Association.   Judge Silva has been assigned to the Family Division.

Martin, Kane, Kuper Employees Donate to Helmetta Animal Shelter

Employees of Martin Kane, Kuper, as well as their families and friends, all chipped in to donate to the Helmetta Animal Shelter, which is in desperate need. We collected dog and cat food, toys, treats, supplies and more, as well as many cash donations, and delivered them to the Helmetta Animal Shelter on December 14, 2013.

20131214_143104  Pic3 Pic2

John Harding Delivers Remarks to Newly-Admitted Attorneys

On December 6, 2013, a swearing in ceremony was held at the Middlesex County Courthouse in  New Brunswick.  Assignment Judge Travis Francis and Federal District Court Judge Freda Wolfson presided over the ceremony, which was attended by the Judges of Middlesex County, their Law Clerks, and scores of young lawyers who were sworn in to practice in the State of  New Jersey  and the Federal Court’s Third District.  The gallery included parents and loved ones of the new attorneys.   John Harding, as President of the Middlesex County Trial Lawyers Association, was honored to be one of the speakers who addressed the newly sworn attorneys.     He offered congratulations  on their achievements, some words of wisdom, and wished them much success in their careers.

Annual Toys for Tots Drive

As President of the Middlesex County Trial Lawyers Association, John Harding, Esq., a partner of the firm, headed the “Holiday Toys for Tots” drive collecting toys for needy children. They collect new unwrapped presents which will be distributed by the US Marine Corps.

The Trial Lawyer Association closes the collection drive with a celebration at Tumulty’s Pub, New Brunswick, NJ on 12/5/13 from 4:30 – 8:30 pm. All toys are gathered and turned over to the US Marine Corps “Toys For Tots” representatives at that time.

Our employees participate in this wonderful holiday event, and we invite anyone interested to do the same.

Martin Kane Kuper Employees Collect Items for Local Families

Employees of Martin Kane Kuper collected non perishable food items, toiletries, cleaning products, house wares, clothing items, toys, books and more for the annual Holiday Drive for the Simuel Whitfield Simmons Organization. SWS will distribute these items to local families in need. Both Martin Kane & Kuper and the SWS Organization partner together several times a year to collect items for those in need and help get to distribute these to members of the community.

SWW 1 SWW 2

SuperLawyers_logo_20101

Partner Jim Martin Named as Super Lawyer for Tenth Consecutive Year

Martin Kane Kuper, LLC of East Brunswick is proud to announce that  Jim Martin was named to the New Jersey Super Lawyers list for the tenth consecutive year as result of consistent excellence in the practice of law.  Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only the top 5% of attorneys in the state are eligible for this prestigious honor.

Partner John Harding Installed as President of Middlesex County Trial Lawyers’ Association

Martin Kane Kuper is proud to announce that Partner  John Harding was recently installed as President of the Middlesex County Trial Lawyers’ Association, after serving on its Board for the past five years.

John joined Martin Kane Kuper in 1992, and has been a partner since 2007.   He is a Certified Trial Attorney in the area of Civil Law, and has been appointed both as an arbitrator and mediator for numerous personal injury suits.  Mr. Harding brings his substantial experience to the new post.  According to Martin Kane Kuper’s managing partner, Jim Martin, €œJohn’s appointment is the result of his commitment to this worthy organization.   We are very proud of John, and this appointment comes in recognition of his excellent service to both his colleagues and his clients. €

The Middlesex County Trial Lawyers Association was founded in 1960, and promotes integrity and civility in the practice of law.   The organization holds two annual charity events: a golf outing in August where money is raised for various causes, and a Toys for Tots Social, where toys are collected for needy children around the holidays.   This year, the Toys for Tots Social will be held on Thursday, December 5, 2013 at 4:30 pm.  Each year, the Association recognizes an outstanding member of the Bar, presenting the Herman L. Breitkopf Award to a trial attorney who demonstrates “honesty, integrity, intelligence and an unwavering concern for the welfare of both the bar and its members.”

$250,000 VERDICT IN VERBAL THRESHOLD AUTO CRASH

A Middlesex County jury awarded $250,000 on January 13, 2010 to a maternity technician who suffered neck and back injuries as a result of a rear-end collision.   The verdict was unanimous.

On November 8, 2006, Catherine Valenzuela of North Brunswick was heading to nursing school when she was rear-ended by the defendant, Dineshbha Patel, also of North Brunswick.   Her automobile was struck multiple times by the defendant as it was raining at the time of the collision.   During the trial before Judge Heidi Willis Currier, the defendant admitted to traveling 30 miles per hour just before the impact.

The Plaintiff’s lawyer, Todd Drayton of Martin Kane & Kuper LLC, presented evidence from several experts, including an orthopedic surgeon who performed an independent medical examination of Ms. Valenzuela and a chiropractor who had treated her for over two years, that Mrs. Valenzuela suffered disc bulges at C5-C6 and L4-L5, impingement upon her spinal column and distortion of her normal spinal anatomy.   As a result, Mr. Drayton argued, the prognosis for the damaged discs is exceptionally poor.   He noted that the damaged discs will deteriorate at faster rate and to a more severe endpoint, and that Mrs. Valenzuela could look forward to a future of increasing pain in her neck and back, as well as diminished functioning in her neck and back.

At the time of the accident, Mrs. Valenzuela was only 35 years old and had never suffered any injuries to her neck or back.   Nor had she ever been involved in an accident or ever been treated by a chiropractor or orthopedist.

The defendant was represented by Teresa Valle of the Law Office of John Kennedy, who contended that Mrs. Valenzuela’s injuries were not permanent and that they were instead the result of prior back pain suffered over two and one-half years prior to the accident.

 

Recent Verdicts and Settlements

The following list illustrates the types of cases and results we have fought to achieve for our clients.  For years, we have fought for New Jersey families who have been injured.  From car accidents to medical malpractice, our firm is committed to fighting for our clients and ensuring that they walk away with the best possible outcome.

–  $1,200,000 – Failure to diagnose breast cancer

– $580,000 – Motor vehicle accident – head, neck and back injuries

– $295,000 – Motor vehicle rear end accident – spine injury

– $110,000 – Slip and fall in restaurant parking lot – fractured arm and  fingers

– $99,000 – Motorcycle accident – knee and shoulder injuries

– $60,000 –  Fall off defective chair in Atlantic City Casino – shoulder injury

2014 Best Law Firm Ranking

US News Best FirmsMartin Kane Kuper, LLC of East Brunswick is proud to announce that the firm has received a Tier 1 ranking in the 2014 edition of U.S. News’ Best Law Firms in America. The basis for this award includes impressive feedback from clients, as well as nearly 4 million confidential evaluations from the top attorneys in the country. This publication is considered to be the most respectful referral list of practicing attorneys and firms, and the most credible guide to legal excellence in the United States.

 

Martin Kane Kuper Attorney Todd Drayton Earns $750,000 Settlement For Client Injured in Fall

On July 22, 2013, Plaintiff George Kavoleff agreed to compromise his personal injury lawsuit against Defendants Bristol Meyers Squibb, Torcon and Kabarinchak Brothers for $750,000.00.

The matter arose from a slip and fall accident which occurred on March 4, 2009. At that time, Mr. Kavoleff, a union carpenter for Local 254, was working on a building renovation project at Bristol Meyer’s New Brunswick campus. While exiting the building on a loading ramp, he was caused to slip and fall on a patch of snow and ice, which had not been shoveled or treated with any ice-melting agent.

Plaintiff argued that Defendant Bristol Meyers Squibb, as landowner, had a non-delegable duty to render the premises safe, or at the least, warn of known hazards. Plaintiff further alleged that the general contractor, Torcon, and its subcontractor, Kabarinchak Brothers, were directly responsible rendering the ramp free of snow and ice since they collectively responsible for all operations and maintenance of the subject premises during the renovation. Defendants, on the other hand, claimed Plaintiff was comparatively at fault for his own injuries.

As a result of the fall, Mr. Kavoleff suffered severe and permanent injuries to his neck, shoulder and lower back. MRIs of his cervical and lumbar spines, and his left shoulder revealed disc herniations at C4/5, C5/6 and C6/7, as well as straightening of the normal cervical lordosis; degenerative changes at L3/4 and disc herniations and protrusions at L4/5 and L5/S1; and calcific tendonitis, bursitis and osteoarthritic changes of the shoulder, respectively.

Mr. Kavoleff was initially treated with physical therapy, orthopedic care and interventional pain management. When all such conservative measures failed, he elected to receive surgical injections into his shoulder, neck and back in hopes of controlling the incapacitating pain he suffered. In all, Mr. Kavoleff was administered no fewer than five shoulder injections, three trigger point injections into his neck and back, three cervical epidural steroid injections and three lumbar epidural steroid injections.

When the injections failed to provide any significant relief, Mr. Kavoleff underwent two major spinal cord surgeries: an anterior cervical decompression and fusion surgery and a lumbar fusion and laminectomy. He also underwent a third procedure to explant a spinal stimulator that had been implanted during his laminectomy. Nevertheless, to date, Mr. Kavoleff has never fully recovered from his accident-related injuries.

 

Jim Martin Esq. and Corine Mogenis, Medical Paralegal Speak at Community Education Seminar Held by NJ State Bar Foundation

On Thursday, July 12, 2013 Jim Martin Esq. and Corine Mogenis, Medical Paralegal, spoke to an audience of residents from Greenbriar at Whittingham, Jamesburg, NJ. The seminar which is put together by the NJ State Bar Foundation is part of the “law related education program for the public.” They spoke about Medical Malpractice law, the current state of medicine today, as well as tips on how to prevent a medical error from happening to you. The event was a success as numerous questions were answered and many other topics were also discussed following the formal speaking engagement, as the interest continued for the residents. Jim and Corine were happy to give back to the community and participate in a continuing education program for the NJ State Bar geared toward educating and informing the public.    

Martin Kane & Kuper Esqs. Assist Local Charity to Give Back to Sandy Victims In Need

Pictured here are a few of the Martin Kane & Kuper Esqs. employees loading donation items into vans for the Simuel Whitfield Simmons Organization. The firm collected various household items, non perishable food, clothing, shoes, toiletry items, infant clothes/toys, blankets and more to provide to Natasha Rodgers, and her charity. This charity will immediately distribute the many donated goods to local area families who have been displaced or suffered loss following Hurricane Sandy.

Jim Martin Earns Best Lawyer Status

Martin Kane Kuper, LLC of East Brunswick is proud to announce the recognition of Jim Martin, Esq. as one of The Best Lawyers in America, as selected by his peers. Nearly 4 million confidential evaluations from the top attorneys in the country are the basis for honoring his work in the practice areas of Medical Malpractice Law €“Plaintiffs, Personal Injury Litigation €“Plaintiffs, and Product Liability Litigation €“Plaintiffs in the 19th Edition of The Best Lawyers in America. This publication is considered to be the most respectful referral list of practicing attorneys and the most credible guide to legal excellence in the United States.

(READ LETTER)

 

Estate of Singelyn v. Iorio – Press Release

On March 4, 2007, Trese Ann Singelyn was admitted to Somerset Medical Center with complaints asthma-related shortness of breath. Within a day of her admission, she came under the care of attending physician, Richard Iorio, M.D., her long-time pulmonologist. When her breathing did not improve as expected over the next couple of days, Dr. Iorio became suspicious of a pulmonary embolism and on March 8, 2007 elected to prescribe a strong anticoagulant drug called Lovenox. Dr. Iorio further elected to administer Lovenox on a full therapeutic basis, or 108 mg/day, as opposed to a prophylactic dose of only 40 mg/day until his suspicion could be confirmed.

After three days of receiving Lovenox, Ms. Singelyn’s anticoagulation levels became extremely high and caused a large left anterolateral abdominal wall bleed, which collected from her rib cage down to her pubic bone. Ms. Singelyn’s blood pressure dropped significantly to 75/41 and caused her to go into severe hemorrhagic and hypovolemic shock. She was thereafter transferred to the Critical Care Unit, but expired a short time later during the early morning hours of March 11, 2007.

The Estate of Trese Ann Singelyn commenced suit in 2008 alleging the Defendant, Dr. Iorio, deviated from acceptable standards of medical care in his treatment of Ms. Singelyn. Specifically, the Estate argued that the Defendant chose to administer full therapeutic Lovenox but failed to obtain urgent diagnostic studies to either confirm or rule out the presence of a pulmonary embolus. Indeed, Plaintiff’s expert internist, Kevin Bell, M.D., opined that Defendant’s prescription of Lovenox at the full therapeutic dose was actually over five-times the dose warranted.

Moreover, Plaintiff’s expert pulmonologist, Joel Duberstein, M.D., took the position that despite obvious signs of internal bleeding, which included Ms. Singelyn’s sudden and severe drop in blood pressure, substantial reduction in hemoglobin and back and flank pain, the Defendant utterly failed to begin treating Ms. Singelyn for internal hemorrhage. Dr. Duberstein testified that Ms. Singelyn required aggressive fluid resuscitation and blood transfusion with fresh frozen plasma, among other therapies. Given Defendant’s failure to provide any of these interventions, it was the position of the Estate that Ms. Singelyn’s death was both untimely and wholly avoidable.

The Defendant, however, contended Dr. Iorio’s use of full therapeutic Lovenox was appropriate given his suspicion of a potentially fatal pulmonary embolus. He further claimed that, if there were negligence, it was committed by the critical care specialist or Director of the Critical Care Unit, who shared responsibility for Ms. Singelyn’s care after her transfer to Critical Care. Defendant also asserted through his expert, Bennett Ojserskis, M.D., that any potential negligence was mitigated by the fact that Ms. Singelyn’s life expectancy at age 75 was, at most, two to five years.

The trial of this matter commenced on September 26, 2011 before the Honorable John J. Coyle, J.S.C. in Somerset County Superior Court. After nearly two weeks of testimony by no fewer than ten witnesses, and three days of deliberation, a jury of seven returned a verdict in favor of the Estate of Trese Ann Singelyn in the amount of $250,000.00. However, seconds before the jury verdict was read in open court, the parties reached an agreement to settle the matter for $350,000.00. Thereafter, in accordance with the stipulation of the parties, the Court molded the jury verdict to reflect the resolution reached by the parties, namely, a compromise of the controversy in the amount of $350,000.00.

Todd Drayton, Esq. of Martin, Kane & Kuper, LLC, represented the Estate of Trese Ann Singelyn in this matter, while the Defendant was represented by Joseph Lang, Esq. of The Lenox Law Firm.

 

$5,000,000.00 – Below knee traumatic leg amputation on construction site

On March 25, 2012, Mr. John Kanard, formally of Keansburg, New Jersey executed a release ending three years of civil litigation arising out of an on the job accident which occurred on September 28, 2007.   At that time, Mr. Kanard, a professional flatbed tractor trailer driver, employed by Ho Ro Trucking of Linden, NJ was assigned to a hauling job for defendant, Gardner Masson Bishop of Hackettstown, New Jersey.   Mr. Kanard and another driver, reported to a staging area near Exit 13 on the New Jersey Turnpike where Gardner Bishop had stored “Jersey Barriers” used for the demarcation of lanes of traffic and/or to temporarily block or relocate lanes of traffic when road work is being performed on the turnpike.   These barries are made of steel reinforced poured concrete each weighing in excess of 7,000 lbs.

Mr. Kanard’s flatbed trailer was to be loaded with seven barriers, three in the first row, and four in a second row on the rear of the trailer.   After the first row of three was loaded, via crane, Mr. Kanard proceeded to strap the barriers to avoid their shifting during transport.   While he was engaged in this strapping maneuver, the second row of barriers was being loaded.   It was at that time that the crane operator forcibly struck one barrier with another causing it to fall from the truck and strike Mr. Kanard.   As a result, Mr. Kanard suffered a traumatic trans tibial below knee amputation of his left leg.   The plaintiff was transported by ambulance to University Hospital in Newark.   The amputated leg was also transported to the hospital but due to extensive crush injury of the soft tissues, blood vessels and bone, there was no possibility of re attachment.

Mr. Kanard went onto have two additional amputation surgeries resulting in an above the knee completion.   He has since been fitted with various prosthetic devices and continues to receive physical therapy, frequent adjustments and socket revisions.

After the accident Mr. Kanard relocated to the State of Pennsylvania so that he could be near supportive family members.   He continues to reside in the State of Pennsylvania and has not been able to return to work since the date of accident. Mr. Kanard was a high school dropout who never obtained his GED.   As such, job opportunities have been limited but he is currently pursuing rehabilitation and retraining through various organizations sponsored through the State of Pennsylvania Department of Rehabilitation Services.

The plaintiff and defendant, represented by Mr. William Mergner of Leary, Bride, Tinker & Moran retained numerous expert witnesses who addressed allegations of negligence and contributory negligence.   It was generally alleged by the defense that Mr. Kanard, as a professional truck driver, knew that he had positioned himself in a zone of danger during the loading process.   Defendants further contended that Mr. Kanard was warned on the morning of the accident to stand clear of the truck during the loading process.   The defendants contended that there was no reason for Mr. Kanard to be strapping the partial load at the time of the accident as there was no time constraints or urgency in the loading process.   At the time of the incident, Mr. Kanard was positioned within three feet of the side of the trailer and unable to get out of the way once the barrier began to fall.

It was the plaintiff’s contention that one or more of the Gardner Bishop workers were aware of Mr. Kanard’s presence and failed to warn him or cease the loading activity until such time as he was clear of the danger zone.   Further, it was alleged that the crane operator was negligent in the manner in which he proceeded to load the barriers and that one of the two accident barriers was swinging out of control causing it to strike the second accident barrier with such force as to knock it from the trailer.   The defendants failed to use tag lines or such other safety procedures as would have prevented the out of control swinging of the loading barrier and were otherwise negligent in the supervision of the loading process.

The case was mediated by Judge John Keefe of Red Bank, NJ and was settled in the amount of $5 million dollars shortly thereafter.

Plaintiff was represented by Jim Martin, Esq. and Dana McDade, Esq. of Martin, Kane & Kuper, East Brunswick, New Jersey.

 

$15,000,000.00 – Traumatic brain injury in ATV accident

On March 12, 2012, judgment was entered in the amount of Fifteen Million Dollars ($15,000,000) on behalf of a man severely injured in an ATV accident.

On August 10, 2008, Michael Wojcik, then 24, was a passenger on an ATV being operated by Joseph Mastorio.   Mr. Mastorio lost control of the ATV, causing Mr. Wojcik to be thrown from the ATV and striking a tree with his head.   The driver of the ATV admitted to drinking prior to the incident and was charged with driving while intoxicated.   Mr. Wojcik was found laying near the tree with a shattered bicycle helmet near him and was unresponsive with an obvious deformity to his neck.   He was medivaced to hospital where he was in a coma for several weeks.   Upon discharge, he was diagnosed with traumatic brain injury, multiple fractures of his face, ribs and numerous other injuries.   While in the hospital, he underwent five surgical procedures.   He also sustained two strokes during this time.

As a result of his injuries, Mr. Wojcik is no longer able to speak, has difficulty swallowing and must be fed by feeding tube, lost significant amount of vision in his right eye, lost the use of his left hand, walks with a limp and has significant memory problems.   Although Mr. Wojcik was a graduate of West Virginia University, testing subsequent to his discharge from the hospital placed him in only a fifth grade percentile in math, reading and spelling.

Plaintiff was represented by Brian Yesalonis, Esq., and Jim Martin, Esq., of Martin Kane & Kuper, in East Brunswick, NJ.   Defendant refused to appear in the matter.   Judgment was entered by the Honorable Honora O’Brien Kilgallen, J.S.C., of Freehold.

 

 

Fitzhenry v. Liberty Mutual – Martin Kane Kuper settles $125,000.00 personal injury case.

On February 6, 2012, Plaintiff Danielle Fitzhenry agreed to settle her personal injury lawsuit against the Defendant, Liberty Mutual Insurance Company.   The matter arose from a motor vehicle accident occurring almost five years ago on July 20, 2007.   While stopped at a traffic light, Mrs. Fitzhenry was struck along the driver’s side by a motorist insured by Liberty Mutual.   After discovering the motorist was uninsured, Mrs. Fitzhenry commenced suit in Middlesex County Superior Court against Liberty Mutual under the terms of her uninsured motorist insurance policy.

Mrs. Fitzhenry claimed permanent injuries to her cervical and lumbar spine as a result of the accident.   Among her back injuries were herniated discs as L4-L5 and L5-S1.   She also alleged aggravation of a pre-existing rheumatoid arthritis condition.   She was initially treated with physical therapy and chiropractic care, but eventually saw a neuropsychologist, underwent acupuncture and received local steroid injections from her primary doctor and rheumatologist in an effort to control her severe back and neck pain.   When all such conservative measures failed, Mrs. Fitzhenry began receiving lumbar and cervical facet injections, under anesthesia, in 2009.   Since then, she has received more than six facet injections, which have provided only short term relief.   To date, Mrs. Fitzhenry has never undergone any form of corrective back surgery.

Liberty Mutual disputed all claims of permanent injuries, contending instead that a subsequent motor vehicle accident in August 2008 had intervened and destroyed the causal connection between Mrs. Fitzhenry’s ongoing pain and her July 2007 accident.   During the subsequent 2008 accident, which involved a front-end collision, it was documented that Mrs. Fitzhenry sustained another back sprain and a fractured right hand.   However, Liberty Mutual argued that the March 2009 MRI, which revealed multiple herniated discs, as well as the surgical facet injections that followed in April 2009, were not performed until after the second accident.   In addition, Liberty Mutual claimed that any injuries Mrs. Fitzhenry may have suffered as a result of the July 2007 accident had long ago resolved.   Thus, Liberty Mutual sought to avail itself of New Jersey’s verbal threshold defense, which requires objective medical evidence of a permanent injury before a plaintiff like Mrs. Fitzhenry can be compensated.

At trial, the parties stipulated the issue of liability and proceeded only on the issues of proximate causation and damages.   However, just before the close of the Plaintiff’s case and prior to the testimony of the defendant’s expert, the case settled for $125,000.00.   The Honorable Martin Kravarik, J.S.C. (ret.) presided over the trial which was in its eighth day when it settled.   Todd Drayton, Esq. represented Mrs. Fitzhenry on behalf of Martin Kane & Kuper, LLC, while Lynn Hershkovitz-Goldberg, Esq. of Baumann & Viscomi defended the matter on behalf of Liberty Mutual.

 

Martin Kane Kuper Attorney Jim Martin Honored by State Bar Association

Jim Martin

Press Release –

Jim Martin, Esq., partner in the law firm Martin, Kane, Kuper (www.mkklaw.com), was recently honored by the New Jersey State Bar Association Civil Trial Bar Section at their James J. McLaughlin Award Dinner.   The event, which recognizes attorneys who demonstrate civility, legal competence and professionalism in the practice of civil trial law, was held at the Hyatt Regency in New Brunswick.

Born in a log cabin in the Pocono Mountains, Jim grew up in New Brunswick, later attending Rider College from which he graduated in 1970.   In 1975 he graduated from Rutgers Newark Law School.   Jim joined the New Brunswick law firm of Lynch, Mannion, Lutz & Lewandowski.   During the next thirty six years Jim became one of the most respected and successful trial attorneys in the state.   He is the past chairman of the Civil Trial Bar and remains a member of the executive committee. He is a former president of the Middlesex Trial Lawyers and a trustee of the Middlesex Bar Association.   He is a recipient of the Civil Trial Bar Award from the Trial Attorneys of New Jersey, the Herman Brietkopf Award from the Middlesex County Trial Lawyers and was named Civil Trial Practitioner of the Year by the Middlesex Bar Association.   Jim is a fellow of the American College of Trial Lawyers and certified by the New Jersey Supreme Court as a civil trial attorney.

Jim remains one the most prominent lawyers in Middlesex County and all of New Jersey, handling cases in all levels of the state and federal courts.   Jim is perhaps best known for his handling of complex medical malpractice cases.

 

Martin Kane Kuper  Sponsors the American Cancer Society “Celebration on the Hill”

Press Release –

In 2006 Martin Kane Kuper Esqs. sponsored the banner for the American Cancer Society (ACS) which was displayed at the Relay for Life Cancer Walk in Woodbridge NJ. It was signed by all participants and cancer survivors with messages to congress asking them to continue to give funding for cancer research and medical treatments.

Corine Mogenis, of Martin Kane Kuper, an Ambassador for ACS at the time, took the banner to Washington DC to the “Celebration on the Hill” which was an event that took place on Capitol Hill. People from every state in the US came to show their support in asking Congress to continue to support funds for cancer research and development, clinical trials and cancer support.

The banner was displayed on a wall with others showing the signatures and messages on view for Congress to see before their vote.

The Cancer Promise was signed by a majority of the representatives that year and the funding continued!

American Cancer Society banner sponsored by Martin Kane Kuper


___________________________________________________________

Martin Kane Helps the Simuel Whitfield Simmons Organization

Press Release –

The Firm of Martin Kane Kuper has been a regular contributor to the Simuel Whitfield Simmons Organization (SWS), The organization’s mission is to help meet the immediate and long term needs of at-risk youth and families in New Jersey. They strive to break the cycle of poverty by offering families and youth the resources, mentorship and education they need to achieve self-sufficiency.

The staff at Martin Kane Kuper have taken up several yearly collections to provide SWS with items for those “in need” in the community, from clothes, household items and food and toiletry, to furniture, electronics, beds, money and gift cards. They have even donated prom dresses to the “Help a Girl Attend the Prom” drive.

MKK staff members have helped deliver collected items to needy families at monthly “give always” where all collected items are brought to a local parking lot and families in need line up to come get whatever they need at no cost. They also regularly volunteer their time for other events and fundraisers for the SWS organization in an attempt to give back to those in their local communities.

The Firm of Martin Kane Kuper believes that we are all part of the community and recognize that everyone needs a helping hand at some point in their life. We are all in this “together.”

___________________________________________________________

Martin Kane Kuper Proud to Sponsor The Mets

Press Release –

In 2010 the firm of Martin Kane Kuper became the proud sponsors of The “Mets”, an 11 year old “minor” team in the East Brunswick Baseball League. The firm was proud to be part of the East Brunswick local community sports program and to help kids participate in organized sporting events. They hope to continue this support in the future and share in the local community.

___________________________________________________________

Martin Kane Kuper Earns Settlement for Client Burned During “Hot Stone Massage”

Press Release –

Martin Kane Kuper recently settled,  a case for a 50+ yr old gentlemen who visited a local spa for a “hot stone” massage. He received a gift certificate as a present from a family member. He had a similar massage some years earlier, without incident. However,this experience was very different. He was asked to sit up while a therapist placed the “warm stones” behind him.  He was then asked to lay down on top of the stones. He immediately commented that they were hot at which point he was told to sit up again while they were re-positioned. He laid back down and again commented that they may be too hot. He was assured that his body “would adjust” and therefore remained in position for approximately another minute at which point he could not tolerate the heat. On inspection he had 4 distinct burns,  later diagnosed as 2nd degree, on his back €“ 1 each from the 4 stones involved.

The adjustment that the therapist made was to place another towel over the rocks which apparently took a period for the heat to permeate the 2 towels and transfer to the torso.  The client has permanent scarring in 2 of the areas. The firm was able to avoid litigation and settled pre-suit for an significant undisclosed amount.

___________________________________________________________

Attorney Eric Kuper Speaks at State Bar Association’s Annual Meeting in Atlantic City

Press Release –

On May 18, 2011, Eric Kuper, the immediate past Chairperson of the Civil Trial Section of the State Bar Association was a speaker at a program entitled €œHot Topics in Torts € during the State Bar Association Annual Meeting in Atlantic City. Eric, along with six other trial attorneys, discussed recent case law that impacts civil jury trials. Eric spoke of the recent case of Kim v. Kim, the admissibility of unpaid medical expenses at trial and Legislative efforts to amend the statute that prohibits evidence of unpaid medical bills during a civil jury trial.

Eric Kuper has tried numerous cases to verdict over the past twenty years. Within the past two weeks Eric successfully handled an auto negligence case in Middlesex County Superior Court.   Following four days of trial, a unanimous jury returned a verdict in twenty minutes in favor of Eric’s client.

___________________________________________________________

$1,250,000 Settlement – Dennis Johnson v. JFK Medical Center

Press Release –

Dennis Johnson was a 35 year old man who presented to JFK Medical Center ER on Friday, 12/17/04. He was complaining of difficulty seeing in his left eye for a few days which had gotten progressively worse that day. He had a past history of blindness in his right eye.

Mr. Johnson was examined by an Emergency Room Physician and told to take Norvasc for his elevated BP and follow up with an ophthalmologist. Mr. Johnson could not get an appointment with an ophthalmologist until 3 days later, Monday, 12/20/04. At some point during the weekend, Mr. Johnson’s eye sight got worse and by the time he got to an Ophthalmologist on 12/20/04 his vision was limited. He was immediately diagnosed with retinal detachment and referred to the Retina Vitreous Center. After an evaluated there, surgery was recommended and performed on 12/22/04.

Plaintiff ‘s position was that there is a limited window of opportunity to perform surgical intervention to a detaching retina. The delay in getting Mr. Johnson examined by an ophthalmologist and to a retina specialist resulted in permanent deficits in the left eye. After 3 surgeries, his acuity has only been restored to 20/100 and he has lost peripheral vision. As a consequence and in combination with his right eye blindness, he has been unable to return to his prior employment, is unable to drive and is limited in most activities.

Defendants contended that upon reporting to the ER, Mr. Johnson’s macula had already detached, he would have had these deficits in any event and that emergent surgery was not indicated under the circumstances.

The case settled before Judge Jessica Mayer , Middlesex County, in the amount of $1,250,000.00. Plaintiff was represented by Jim Martin, Esq. of Martin Kane & Kuper of East Brunswick, NJ . Defendant was represented by Sean Buckley, Esq. of Buckley & Theroux, LLC of Princeton,NJ.


$10,000,000 Settlement – McCauley vs. Astaris LLC et al

Press Release –

On October 20, 2009, an Old Bridge man accepted $9.6 million in settlement of a claim against his former employer and others for severe burns received in an industrial explosion on 5/27/03. Leroy McCauley was employed as a chemical operator at Astaris, LLC in Carteret, N.J. when he was asked to disconnect a piping system used to unload raw phosphorous from a rail tank car on the premises. Raw phosphorous ignites when it comes in contact with air and must be kept in an enclosed environment and is shipped under water in tank cars. Despite a prior flushing of the pipe lines, phosphorous, also known as P4, remained in the line and rushed out when the pipeline was disconnected. The resulting explosion burned Mr. McCauley over 50% of his body. The plaintiff was hospitalized at St. Barnabas Burn Center for two months and underwent multiple debridement and grating procedures and thereafter numerous procedures to reduce scarring and contractures. The suit alleged that the employer consciously disregarded many of its own safety procedures and sent an untrained employee to perform a hazardous task without appropriate safety equipment or protective clothing. Also, named were the manufacturer and distributors of the piping apparatus and the aluminized protective clothing issued to chemical operators at the plant. Plaintiff contended that these suppliers knew or should have known that there were safety devices available to prevent unintended release of P4 from the unloading system and that the protective clothing was in adequate to protect against the severe temperatures at which P4 burns. Monsanto Corp. was included in the suit for alleged failure to provide adequate Material Safety Data Sheet (MSDS) with its shipments of P4 and for failure to follow the Responsible Care and Product Stewardship Doctrines adopted by it and the American Chemical Council, a trade organization of chemical manufacturers. FMC Corp. and Solutia, Inc. were joint venturers who formed Astaris and the plaintiff claimed were responsible for many of the inadequate policies, procedures and equipment adopted by Astaris.

Several defendants settled just before opening statements with Astaris and others settling after 3 1/2 weeks of trial before the Honorable Nicholas Stroumtsos in Middlesex County.

Plaintiff was represented by Jim Martin and Dana McDade of Martin, Kane, & Kuper in East Brunswick and Bernard Hvozdovic, a sole practitioner in South Brunswick. Defendants were represented by:

James Bride for defendants Monsanto Company and P4 Production, LLC; Rich Bryan for defendant Steel Grip; Brian O’Toole for defendant Olympic Glove and Safety; Don Crowley for defendant Carbis, Inc. and Wendy Smith for defendant OPW.


$250,000 Verdict – Valenzuela v. Patel

Press Release –

A Middlesex County jury awarded $250,000 on January 13, 2010 to a maternity technician who suffered neck and back injuries as a result of a rear-end collision. The verdict was unanimous.

On November 8, 2006, Catherine Valenzuela of North Brunswick was heading to nursing school when she was rear-ended by the defendant, Dineshbha Patel, also of North Brunswick. Her automobile was struck multiple times by the defendant as it was raining at the time of the collision. During the trial before Judge Heidi Willis Currier, the defendant admitted to traveling 30 miles per hour just before the impact.

The Plaintiff’s lawyer, Todd Drayton of Martin Kane & Kuper LLC, presented evidence from several experts, including an orthopedic surgeon who performed an independent medical examination of Ms. Valenzuela and a chiropractor who had treated her for over two years, which demonstrated that Mrs. Valenzuela suffered disc bulges at C5-C6 and L4-L5, impingement upon her spinal column and distortion of her normal spinal anatomy. As a result, Mr. Drayton argued, the prognosis for the damaged discs is exceptionally poor. He noted that the damaged discs will deteriorate at faster rate and to a more severe endpoint, and that Mrs. Valenzuela could look forward to a future of increasing pain in her neck and back, as well as diminished functioning in her neck and back.

At the time of the accident, Mrs. Valenzuela was only 35 years old and had never suffered any injuries to her neck or back. Nor had she ever been involved in an accident or ever been treated by a chiropractor or orthopedist.

The defendant was represented by Teresa Valle of the Law Office of John Kennedy, who contended that Mrs. Valenzuela’s injuries were not permanent and that they were instead the result of prior back pain suffered over two and one-half years prior to the accident. The defendant further contended that Mrs. Valenzuela’s disc bulge injuries – without more – were insufficient to vault New Jersey’s verbal threshold statute. To that end, the defendant offered Mrs. Valenzuela $300 to settle the matter just before opening statements.

Contact us with your questions

Please select your recipient:

Your Name (required)

Email Address (required)

Phone (required)

Brief description of your issue (required)

captcha

Llamenos con sus preguntas

Vista esta formulario en Inglés.