RAM Law partner, Jay Mascolo, helps a Colonia woman receive a $400,000 settlement on September 24 to settle her suit over injuries sustained when she fell off her bicycle after it went over a hazardous portionof roadway.
The RAM Law client, now 52, was riding her bicycle on Bramhall Road in the Colonia section of Woodbridge Township on July 10, 2008 when the bicycle went over a patch of roadway that contained uneven pavement and broken asphalt with potholes. The bicyclist and the bicycle fell to the ground after it went over the damaged portion of the street. The areadid not contain a bicycle lane or sidewalk. The client’s son was riding his bicycle ahead ofher and did not witness the accident. An automobile passed the scene and its driver alerted the son of the accident.
The bicyclist sustained fractures to five ribs which resulted in a collapsed lung. Following complications with lung drainage procedures, she underwent an open reduction and internal fixation of the fractureswith removal of bone fragments. She also sustained a fractures to the right scapula and right clavicle, which required surgery. She was left with a large scar from the surgical procedure and continues to have difficulties with her energy level and fatigue as well as range of motion toright chest area.
RAM Law claimed that the area constituted a dangerous condition of which WoodbridgeTownship had constructive notice. Statements were obtained by residents who provided details as to the length of time thecondition existed. Municipal recordsregarding road repairs were also obtained. Mascolo retained an engineering expert who inspected the roadwayand concluded that the condition constituted a dangerous condition that existedfor a lengthy period of time. Mascolo also retained an accident reconstruction expert as as no one witnessed the accident and the Plaintiff could not recall details as she lost consciousness as a result of the fall.
The client accepted the $400,000 settlement one week prior to trial in Middlesex County.
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