hackensackcaraccidentlawyer
ACCIDENT Law Firm near Newark NJ 201-646-3333
This is another 5 Star rating shared by one of our thousands of very satisfied clients.
THIS IS A SAMPLE OF HOW SOME ACCIDENT CASES ARE DECIDED BY THE NJ COURTS. OUR FIRM DID NOT PARTICIPATE AS COUNSEL IN THIS CASE. THIS IS MERELY A SAMPLE SUMMARY FOR INFORMATIONAL PURPOSES. PAST RESULTS DO NOT GUARANTEE FUTURE OUTCOME. THE SELECTION OF AN ATTORNEY IS IMPORTANT. GIVE THIS MATTER CAREFUL THOUGHT. SEE OUR ABOUT PAGE FOR LEGAL ADVERTISEMENT DISCLAIMER.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO.
A-1255-18T3
TRACEY L. VIZZONI, as Executrix For The Estate Of Judith A. Schrope,
Plaintiff-Appellant, v. B.M.D., J.D., and ATLOCK FARM, Defendants, and STEFAN LERNER, Defendant-Respondent.
Argued March 28, 2019 – Decided June 24, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-0575- 15. Justin Lee Klein argued the cause for appellant (Hobbie, Corrigan & DeCarlo, PC, attorneys; Jacqueline DeCarlo, of counsel; Justin Lee Klein, on the briefs).
Sam Rosenberg argued the cause for respondent (Rosenberg Jacobs Heller & Fleming, PC, attorneys; Sam Rosenberg, of counsel; Matthew E. Blackman, on the brief). Shook, Hardy & Bacon LLP, attorneys for amici curiae American Medical Association and Medical Society of New Jersey (Philip S. Goldberg, on the brief). The opinion of the court was delivered by WHIPPLE, J.A.D. Plaintiff Tracey L. Vizzoni, as executrix for the estate of Judith A. Schrope, appeals from a May 11, 2018 Law Division order granting summary judgment and dismissing her negligence claims against defendant Stefan Lerner, M.D.1 Tragically, Lerner's patient, B.M.D.,2 struck and killed Judith Schrope while driving. Plaintiff argues Lerner's negligent prescription of medication to B.M.D. was the proximate cause of the fatal crash. For the reasons that follow, we affirm the order of the trial court.
We discern the following facts from the record and view them in the light most favorable to plaintiff. See Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). On June 17, 2014, at around 9:45 in the morning, B.M.D., driving her SUV, struck decedent Schrope as Schrope was riding her bicycle on the right-hand side of a residential road. B.M.D. approached Schrope from behind and saw her in the distance. Visibility was clear and there were no cars approaching from the other direction. At the scene of the accident, B.M.D. gave a recorded statement to police. The officer conducting the interview asked B.M.D. if she was being treated for any medical conditions, and she responded "mild depression." She reported to the officer she had taken Paxil that day and had a glass of wine the prior evening. There is no evidence in the record that the police conducted a field sobriety check. The police did not request a blood draw or an Alcotest. A police report concluded, "[B.M.D.] made no attempt to move over to the left and safely pass Mrs. Schrope. [Even though] [t]he width of the roadway was measured [twenty] feet [nine] inches[,] which would have allowed ample space for [B.M.D.] to move over and safely pass Mrs. Schrope." Despite the fact that Schrope suffered fatal injuries, B.M.D. was only charged with and convicted of careless driving, N.J.S.A. 39:4-97, after a trial in municipal court.
On May 4, 2015, plaintiff filed a wrongful death and survivorship claim against B.M.D.3 Through discovery, plaintiff learned B.M.D. was under the care of psychiatrist Stefan Lerner, M.D, and plaintiff named him as a defendant in a first amended complaint. During B.M.D.'s deposition, she was asked about what medications she took. At the time of the crash, B.M.D. was prescribed at least six psychiatric medications, including: (1) duloxetine (Cymbalta); (2) lamotrigine (Lamictal); (3) lithium carbonate (Lithobid); (4) trazadone; (5) dexmethylphenidate hydrochloride (Focalin); and (6) methylphenidate (Concerta). B.M.D. admitted she took duloxetine, lamotrigine and lithium carbonate on the morning of the crash. When asked if she took trazodone the night before the crash, she testified she did not know, and, when asked if it was possible, she answered "it's possible." She also consumed some wine the night before. B.M.D. also testified she did not experience side effects from her medications except for Focalin.
Focalin is a central nervous system stimulant used to treat Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD). B.M.D. admitted Focalin made her "feel a little speedy" as if she was "on speed." She initially denied taking Focalin on the day of the crash because "[i]t had such bad ramifications, I didn't want to bring it up," but later admitted it was possible she "took half of the dose I should have."
On June 8, 2014, Lerner mailed B.M.D. a prescription for Concerta without meeting with her in person....
ACCIDENT Law Firm near Newark NJ 201-646-3333
This is another 5 Star rating shared by one of our thousands of very satisfied clients.
THIS IS A SAMPLE OF HOW SOME ACCIDENT CASES ARE DECIDED BY THE NJ COURTS. OUR FIRM DID NOT PARTICIPATE AS COUNSEL IN THIS CASE. THIS IS MERELY A SAMPLE SUMMARY FOR INFORMATIONAL PURPOSES. PAST RESULTS DO NOT GUARANTEE FUTURE OUTCOME. THE SELECTION OF AN ATTORNEY IS IMPORTANT. GIVE THIS MATTER CAREFUL THOUGHT. SEE OUR ABOUT PAGE FOR LEGAL ADVERTISEMENT DISCLAIMER.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO.
A-1255-18T3
TRACEY L. VIZZONI, as Executrix For The Estate Of Judith A. Schrope,
Plaintiff-Appellant, v. B.M.D., J.D., and ATLOCK FARM, Defendants, and STEFAN LERNER, Defendant-Respondent.
Argued March 28, 2019 – Decided June 24, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-0575- 15. Justin Lee Klein argued the cause for appellant (Hobbie, Corrigan & DeCarlo, PC, attorneys; Jacqueline DeCarlo, of counsel; Justin Lee Klein, on the briefs).
Sam Rosenberg argued the cause for respondent (Rosenberg Jacobs Heller & Fleming, PC, attorneys; Sam Rosenberg, of counsel; Matthew E. Blackman, on the brief). Shook, Hardy & Bacon LLP, attorneys for amici curiae American Medical Association and Medical Society of New Jersey (Philip S. Goldberg, on the brief). The opinion of the court was delivered by WHIPPLE, J.A.D. Plaintiff Tracey L. Vizzoni, as executrix for the estate of Judith A. Schrope, appeals from a May 11, 2018 Law Division order granting summary judgment and dismissing her negligence claims against defendant Stefan Lerner, M.D.1 Tragically, Lerner's patient, B.M.D.,2 struck and killed Judith Schrope while driving. Plaintiff argues Lerner's negligent prescription of medication to B.M.D. was the proximate cause of the fatal crash. For the reasons that follow, we affirm the order of the trial court.
We discern the following facts from the record and view them in the light most favorable to plaintiff. See Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). On June 17, 2014, at around 9:45 in the morning, B.M.D., driving her SUV, struck decedent Schrope as Schrope was riding her bicycle on the right-hand side of a residential road. B.M.D. approached Schrope from behind and saw her in the distance. Visibility was clear and there were no cars approaching from the other direction. At the scene of the accident, B.M.D. gave a recorded statement to police. The officer conducting the interview asked B.M.D. if she was being treated for any medical conditions, and she responded "mild depression." She reported to the officer she had taken Paxil that day and had a glass of wine the prior evening. There is no evidence in the record that the police conducted a field sobriety check. The police did not request a blood draw or an Alcotest. A police report concluded, "[B.M.D.] made no attempt to move over to the left and safely pass Mrs. Schrope. [Even though] [t]he width of the roadway was measured [twenty] feet [nine] inches[,] which would have allowed ample space for [B.M.D.] to move over and safely pass Mrs. Schrope." Despite the fact that Schrope suffered fatal injuries, B.M.D. was only charged with and convicted of careless driving, N.J.S.A. 39:4-97, after a trial in municipal court.
On May 4, 2015, plaintiff filed a wrongful death and survivorship claim against B.M.D.3 Through discovery, plaintiff learned B.M.D. was under the care of psychiatrist Stefan Lerner, M.D, and plaintiff named him as a defendant in a first amended complaint. During B.M.D.'s deposition, she was asked about what medications she took. At the time of the crash, B.M.D. was prescribed at least six psychiatric medications, including: (1) duloxetine (Cymbalta); (2) lamotrigine (Lamictal); (3) lithium carbonate (Lithobid); (4) trazadone; (5) dexmethylphenidate hydrochloride (Focalin); and (6) methylphenidate (Concerta). B.M.D. admitted she took duloxetine, lamotrigine and lithium carbonate on the morning of the crash. When asked if she took trazodone the night before the crash, she testified she did not know, and, when asked if it was possible, she answered "it's possible." She also consumed some wine the night before. B.M.D. also testified she did not experience side effects from her medications except for Focalin.
Focalin is a central nervous system stimulant used to treat Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD). B.M.D. admitted Focalin made her "feel a little speedy" as if she was "on speed." She initially denied taking Focalin on the day of the crash because "[i]t had such bad ramifications, I didn't want to bring it up," but later admitted it was possible she "took half of the dose I should have."
On June 8, 2014, Lerner mailed B.M.D. a prescription for Concerta without meeting with her in person....