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Giants Stadium $112 million dollar personal injury case

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http://www.nytimes.com/2005/01/21/nyregion/21beer.html

Tug of War Over a $112 Million Injury Award
By TINA KELLEY

Published: January 21, 2005



OSELAND, N.J., Jan. 20 - The lawyer who represented a family awarded $112 million by a New Jersey jury for injuries suffered when their car was hit by a drunken driver's truck said he expects the award to withstand an appeal by the Aramark Corporation, which served the driver 14 beers at Giants Stadium.

Antonia Verni, 7, of Cliffside Park, was 2 on Oct. 24, 1999, when her family's Toyota Corolla was struck head-on by a truck driven by Daniel Lanzaro of Cresskill, N.J. She cannot move her arms or legs or breathe on her own. She also requires a nurse's care 24 hours a day and is frequently in pain, said the family's lawyer, David A. Mazie.

Antonia's mother, Fazila Verni, was seriously injured in the crash.

"It's our hope and expectation that this verdict will change the way alcohol is served," Mr. Mazie told a news conference Thursday.

"We are disappointed by the size of the award, and we intend to appeal," said Debbie Albert, a spokeswoman for Aramark, which serves food and beverages at Giants Stadium.

Mr. Mazie called the $112 million one of the largest personal injury awards in New Jersey. "I think it's actually a conservative number," he said.

On Tuesday and Wednesday before Judge Richard J. Donohue in Bergen County Superior Court, a jury awarded punitive damages of $75 million and compensatory damages of $22 million for Antonia's care. Her mother got $5 million for pain and suffering and $1.5 million for loss of wages.

Antonia also got $1.35 million for loss of wages, and the family was awarded $600,000 for her care since the accident.

With interest, the award comes to about $112 million.

Antonia's father, Ronald Verni, said he hoped the money would help his daughter enjoy things she might not otherwise have been able to enjoy. "It may make it more possible for her to have a more normal life," he said.

At the time of the crash, in Hasbrouck Heights, Mr. Lanzaro had a blood alcohol content of 0.266, two and a half times the legal limit. In August 2003, he was sentenced to five years in prison.

Antonia said she did not understand the recent events, but after a little encouragement from her father, she sang a song from her kindergarten graduation, clearly and sweetly. And, she said, when she grows up she wants to be "a teacher, a singer and a ballerina."
 
Here's how this works:

1 - Jury awards $112 million.
2 - Appeal commences

Note: appeals can take years.

Meanwhile, a judge may reduce the award; this is fairly common. A judge reduced an award of $28Billion in a tobacco case to $28Million...how is that for a haircut?

3 - The defendant, while the appeal is ongoing, negotiates with the plaintiff, and probably settles this thing for about $8 - $10M, which, given the severity of what happened and the multiple injured parties, is probably about right.

This case is a litlte bit unusual; if the 7 year old died, this would have been a $10M case.
 
deteras1 said:
The guy got five years and deserved everyday.

No question there, probably deserved more.
 
I thought this was about the SF Giants, I'll say what I came to say anyways

Fuck the Giants and Fuck Steroids Barry


Dodger Blue for life!
 
The family and especially the little girl deserves something significant.. 12 million seems excessive.. but now she is a quadrapelgic.. and cant even breathe on her own.. Id rather be dead.
 
The $75M punitive is outrageous. The company that sold that alcohol is being punished....probably some $6.50 an hour worker sold it to a guy in a long fast-moving line.

The punishment should stop with the driver.
 
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