A man allegedly left permanently disabled in an all-terrain-vehicle accident won a $15 million default judgment in his Monmouth County suit, Wojcik v. Mastorio.

On Aug. 10, 2008, Michael Wojcik, then 24, was riding on the back of an ATV driven by Joseph Mastorio, also 24, in the Pocono Mountains. As Mastorio rounded a curve on the road too quickly, the vehicle struck a pothole, causing both men to be ejected.

Wojcik hit a tree head-first, the impact shattering his bicycle helmet. He suffered brain and spine injuries and facial and rib fractures and was comatose for several weeks. He underwent five procedures and suffered two strokes, according to his lawyers, Brian Yesalonis and James Martin of Martin Kane Kuper in East Brunswick.

He is unable to speak, lost vision in his right eye and use of his left hand, walks with a limp, has significant memory and cognitive problems and must be fed through a tube because he has trouble swallowing, his lawyers say.

Mastorio, of Cliffwood Beach, admitted to police to consuming alcohol before the crash and had a.11 percent blood-alcohol content, above the legal limit. He was served with the suit but never appeared, Yesalonis says. Judge Honora O’Brien Kilgallen granted the default judgment on March 12.

Yesalonis says he has been unable to ascertain whether Mastorio had liability coverage but will file an information subpoena on him.

By David Gialanella

Read Article: New Jersey Law Journal

Contact: MKK – Attorneys at Law:       1-877-NJLAW4U