A $4.9 million settlement has been reached for a man seriously injured in a 2019 accident on the New Jersey Turnpike when his vehicle struck metal debris in the roadway which had broken loose from a National Water Main Cleaning truck.
Carlos Matias, a 52-year-old Dover resident, was traveling southbound on the New Jersey Turnpike in Carteret when his vehicle struck a drivetrain, also known as a transmission system, that was dislodged from the commercial vehicle. Alex Paulino was operating the commercial vehicle for National Water Main Cleaning, court papers said. Matias collided with the debris, causing serious injuries, according to the complaint.
Cory J. Rothbort and Adam M. Epstein of Mazie Slater Katz & Freeman in Roseland represented Matias in the case, Matias v. Paulino.
According to Rothbort, in addition to more than $1 million in outstanding medical expenses, Matias also had a significant lost-wage claim because he was forced to shut down his contracting business and go on permanent disability.
Matias suffered neck and back injuries and required both a lumber and cervical fusion. After those procedures, he developed an infection, which required irrigation debridement and additional wound care. He also developed Complex Regional Pain Syndrome and suffered from graft subsidence, which required additional cervical surgery, Rothbort said.
National Water Main and Paulino were named defendants in the case, which was filed in Middlesex County Superior Court in December 2021. The defendants were initially represented by John Tierney of the Tierney Law Group, who argued that the disengagement of the drive shaft was not due to negligence. Later, Robert D. Uribe of Gallo Vitucci Klar took over as defense counsel and, shortly after, stipulated to liability. However, the defense consistently disputed causation of Matias’ injuries, according to Rothbort.
Uribe did not immediately return a request for comment on the settlement.
The case was settled just before mediation scheduled for June 24 before retired Superior Court Judge Robert L. Polifroni. However, the plaintiffs already had received expert reports from a neurosurgeon, pain management specialist, economist, life care planner, medical billing expert, mechanic, and trucking expert.
“The defendant company failed to properly maintain their truck, which literally led to their truck falling apart on a dark highway and causing the crash Mr. Matias was involved in,” Rothbort said. “As a result, not only has Mr. Matias suffered terrible injuries, but he has suffered one complication after another, resulting in multiple surgeries and permanent problems.”
