johnnymk
04-18-2009, 05:00 AM
http://www.app.com/article/20090418/NEWS/904180344/-1/nletter05?source=nletter-news
FREEHOLD — A Monmouth County jury has awarded more than $1.5 million to a motorcycle rider injured in a crash with a car on Route 33 in Neptune in 2006, and has held a truck driver not involved in the collision responsible for half the amount because he waved the other driver into traffic.
A jury of seven women and one man awarded $1,578,000 to Michael Lewis, now 36, of Asbury Park for injuries he suffered in the accident on June 16, 2006, said Lewis' attorney, Norman Hobbie of Eatontown.
The amount, awarded Wednesday after a six-day trial before Superior Court Judge Paul Kapalko, includes medical expenses and interest, Hobbie said.
Thurman Baker, now 80, of Neptune, the driver of the Cadillac convertible with which Lewis collided on Route 33, is responsible for paying half the amount.
Responsible for the other half is truck driver David Carhuamacca, now 29, of Queens, who was not involved in the collision but who waved Baker from the parking lot of a Dunkin' Donuts onto Route 33 in Neptune, Hobbie said.
The verdict reflects a provision in state law, which many people may not be aware of, that anyone who waves someone into traffic could be held responsible if it was done negligently, according to the attorneys in the case.
In fact, Carhuamacca's attorney, Martin McGowan of Edison, said he was not familiar with that provision of the law until he had to research this case.
"The critical thing is, there is a charge in the law that once you assume the responsibility to wave on traffic, you have to do it in a reasonably safe manner," Hobbie said.
Lewis suffered a concussion and permanent arm injury and cracked five teeth in the accident, Hobbie said. He was initially treated at Jersey Shore University Medical Center, Neptune, and required further surgery to his arm, he said.
Hobbie gave this description of the accident:
Lewis was riding his motorcycle in the inner, eastbound lane of Route 33 when Carhuamacca, in a truck in the outer, eastbound lane, waved Baker in his Cadillac into traffic. Baker was in the parking lot of the Dunkin' Donuts, preparing to cross the two eastbound lanes to head west on Route 33. As Baker drove across the eastbound lanes, Lewis, on the motorcycle, struck the driver's side of the Cadillac.
McGowan said Carhuamacca denied that he waved Baker into traffic in front of him, but a police officer said Carhuamacca had told him otherwise at the scene.
Attempts to reach Baker's attorney, Mark Petraski of Princeton, were unsuccessful Friday.
FREEHOLD — A Monmouth County jury has awarded more than $1.5 million to a motorcycle rider injured in a crash with a car on Route 33 in Neptune in 2006, and has held a truck driver not involved in the collision responsible for half the amount because he waved the other driver into traffic.
A jury of seven women and one man awarded $1,578,000 to Michael Lewis, now 36, of Asbury Park for injuries he suffered in the accident on June 16, 2006, said Lewis' attorney, Norman Hobbie of Eatontown.
The amount, awarded Wednesday after a six-day trial before Superior Court Judge Paul Kapalko, includes medical expenses and interest, Hobbie said.
Thurman Baker, now 80, of Neptune, the driver of the Cadillac convertible with which Lewis collided on Route 33, is responsible for paying half the amount.
Responsible for the other half is truck driver David Carhuamacca, now 29, of Queens, who was not involved in the collision but who waved Baker from the parking lot of a Dunkin' Donuts onto Route 33 in Neptune, Hobbie said.
The verdict reflects a provision in state law, which many people may not be aware of, that anyone who waves someone into traffic could be held responsible if it was done negligently, according to the attorneys in the case.
In fact, Carhuamacca's attorney, Martin McGowan of Edison, said he was not familiar with that provision of the law until he had to research this case.
"The critical thing is, there is a charge in the law that once you assume the responsibility to wave on traffic, you have to do it in a reasonably safe manner," Hobbie said.
Lewis suffered a concussion and permanent arm injury and cracked five teeth in the accident, Hobbie said. He was initially treated at Jersey Shore University Medical Center, Neptune, and required further surgery to his arm, he said.
Hobbie gave this description of the accident:
Lewis was riding his motorcycle in the inner, eastbound lane of Route 33 when Carhuamacca, in a truck in the outer, eastbound lane, waved Baker in his Cadillac into traffic. Baker was in the parking lot of the Dunkin' Donuts, preparing to cross the two eastbound lanes to head west on Route 33. As Baker drove across the eastbound lanes, Lewis, on the motorcycle, struck the driver's side of the Cadillac.
McGowan said Carhuamacca denied that he waved Baker into traffic in front of him, but a police officer said Carhuamacca had told him otherwise at the scene.
Attempts to reach Baker's attorney, Mark Petraski of Princeton, were unsuccessful Friday.