Date: 10-30-2009

Case Style: John Matlock v. New Jersey Department of Transportation

Case Number:

Judge: Peter Buchsbaum

Court: Superior Court, Hunterdon County, New Jersey

Plaintiff's Attorney: John Dodig and Jason Daria, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, Philadelphia, Pennsylvania

Defendant's Attorney:

Description: John Matlock, age 43, sued the New Jersey Department of Transportation on a governmental tort claim theory claiming that Defendant failed to exercise due care when it repeatedly failed to remove dead tress from the right-of-way along Sate Route 29. One of trees which was dead and rotten fell on a vehicle driven by Plaintiff injuring him. Plaintiff claimed that Defendant was on notice of the dangerous condition created by the dead tree, which is required before liability can be imposed under New Jersey's Tort Claims Act.

Plaintiff, a truck driver, claimed permanent disabling injuries from the accident.

The state claimed that it was unaware of the dead tree because there were insufficient funds to identify all trees along street highways that may pose hazards.

Outcome: Plaintiff's verdict for $6 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: