Injured Biker Wins $39 Million in Follow-up Trial
Injured Biker Wins $39 Million in Follow-up Trial
Introduction
An Edison High School graduate who suffered injuries in a drag racing accident was awarded $39 million by a Middlesex County jury.
In July 2012, the plaintiff was riding a motorcycle on Saw Mill Road in Heller Industrial Parks, when he was struck by a drag racer, who shifted into the plaintiff's lane hitting him head-on. According to court papers, the plaintiff who came there to watch stunt bikers, suffered a brain contusion, amputation of his right arm and right leg, and suffered "phantom pain. "He sued Heller Industrial Parks, claiming it failed to provide security to stop drag racing on the property.
In 2017, the first trial in the case ended with the jury award of $2.3 million granted to the plaintiff for pain and suffering, and $4.3 million for future medical expenses and care. He even appealed the verdict arguing that the jury violated the judge's instruction in the calculation of damages. The appellate court wrote in its decision, "the error that occurred resulted in a miscarriage of justice, considering catastrophic injuries, his life expectancy, and the significant impact this error likely had upon the jury's verdict."
While waiting for his case resolution, the plaintiff has started to attend Rutgers to study biomechanical engineering and even received a golf scholarship for amputees.
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