Post by Logan on Jan 24, 2016 21:42:24 GMT -6
OLD BRIDGE — Describing it as a "clear miscarriage of justice" and an award that "shocks our collective judicial conscience," an appeals court Wednesday threw out a $2 million judgement in favor of a Lakewood man who was rear-ended when he stopped at a red light on Rt. 18 more than six years ago.
In November 2009, Joseph Berkowitz was struck by South Amboy resident Susan Soper. Neither vehicle was damaged and Berkowitz did not immediately seek medical attention, according to court documents, but he later went to a hospital after he said his back began to hurt.
The examination at Kimball Medical Center in Lakewood did not reveal any evidence of injury and Berkowitz was discharged that night. Berkowitz later testified that he was able to continue working as a wine salesman but was unable to play with his children or fulfill religious obligations because of the pain. The pain was so bad Berkowitz even contemplated suicide, he also said, adding that he continued to seek treatment from various physicians.
Berkowitz, who had previously been involved in two other car accidents that injured his back, filed a lawsuit two years later, which was referred to arbitration. He was awarded $40,000 but received nothing for pain and suffering. The case then went before Superior Court Judge Barry Weisberg.
Continued at www.nj.com/middlesex/index.ssf/2016/01/court_tosses_2m_award_for_victim_in_minor_fender-b.html?hootPostID=2786d3f03246af6284ccb1343e8882cb .
In November 2009, Joseph Berkowitz was struck by South Amboy resident Susan Soper. Neither vehicle was damaged and Berkowitz did not immediately seek medical attention, according to court documents, but he later went to a hospital after he said his back began to hurt.
The examination at Kimball Medical Center in Lakewood did not reveal any evidence of injury and Berkowitz was discharged that night. Berkowitz later testified that he was able to continue working as a wine salesman but was unable to play with his children or fulfill religious obligations because of the pain. The pain was so bad Berkowitz even contemplated suicide, he also said, adding that he continued to seek treatment from various physicians.
Berkowitz, who had previously been involved in two other car accidents that injured his back, filed a lawsuit two years later, which was referred to arbitration. He was awarded $40,000 but received nothing for pain and suffering. The case then went before Superior Court Judge Barry Weisberg.
Continued at www.nj.com/middlesex/index.ssf/2016/01/court_tosses_2m_award_for_victim_in_minor_fender-b.html?hootPostID=2786d3f03246af6284ccb1343e8882cb .