Ruggiano v. Toomey, — N.J. Super. – (App Div. 2010)

Practice Areas: Automobile Liability/UM/UIM

Plaintiff was an on-duty police officer who sustained debilitating and, initially, life threatening injuries when, while pursuing a speeder, he impacted with the defendants’ large dump truck.  Plaintiff claimed that the dump truck had gone passed it’s stop sign at a “T” intersection, thus taking up the plaintiff’s lane of travel as the Plaintiff proceeded from left to right on the intersecting roadway. This office represented the trucking company and driver.  Overhead aerial photography of the crash scene conclusively demonstrated that no portion of the truck had entered plaintiff’s lane before the accident.  This photographic evidence was butressed by the State Police Serious Accident investigative reports, as well as ground based photographs, an expert retained by this office, and the testimony of the truck driver.  Summary Judgment was obtained and while an appeal was initally undertaken, same was dismissed.

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