in Unique and Distinctive Cases
The attorneys at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins have handled a wide variety of claims throughout the firm's 25 years in practice, some of which are distinctive due to the unique nature of the claim.
| DEFENDANT |
VERDICT/SETTLEMENT |
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| Mangual v. Berezinksy |
Eric Kahn represented the plaintiffs: a man and woman struck by a livery vehicle as they stood beside their disabled car on the shoulder of Interstate 280. They settled with the defendant driver for his policy limit of $200.000 and continued to pursue their claim against the Essex Surgery Center LLC of Hackensack, who had hired the driver to transport patients. The court granted the plaintiffs’ motion for summary judgment on the issue of agency. Essex Surgery Center appealed and the Appellate Division, in a published July 2012 decision, affirmed liability but said agency was a jury question. Following mediation, Essex Surgery Center settled on Dec. 26, 2012, for $2.15 million, bringing the total recovery to $2.35 million. |
| Silva v. Lopes |
Javerbaum Wurgaft partners, Eric Kahn and Rubin Sinins obtained a $20,000,000.00 verdict in a lawsuit in which they represented five construction workers who were found by the jury to have been cheated out of their share of a Mega Millions Lottery Jackpot by a co-worker who claimed the winnings from a lottery pool in which all six workers participated. |
| Americo Lopes |
Javerbaum Wurgaft partners, Eric Kahn and Rubin Sinins obtained a $20,000,000.00 verdict in a lawsuit in which they represented five construction workers who were found by the jury to have cheated out of their share of a Mega Millions Lottery Jackpot by a co-worker who claimed the winnings from a lottery pool in which all sic workers participated. |
| Irving Board of Education |
Javerbaum Wurgaft partners, Jack Wurgaft and Eric Kahn obtained a $16,300,000.00 verdict against the Irvington Board of Education for ignoring policies that would have prevented an attack by a student against their client, also a student, who was left paralyzed by the attack. |
| Americo Lopes |
Javerbaum Wurgaft partners, Eric Kahn and Rubin Sinins obtained a $20,000,000.00 verdict in a lawsuit in which they represented five construction workers who were found by the jury to have been cheated out of their share of a Mega Millions Lottery Jackpot by a co-worker who claimed the winnings from a lottery pool in which all six workers participated.
For more details on this interesting case, click on the links below:
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| Sarco, Inc. |
Jack Wurgaft was able to settle a claim on behalf of an injured police office in the amount of $487,500.00 after obtaining a favorable ruling on the application of the Federal Protection of Lawful Commerce in Arms Act. This Federal Statute provides immunity to gun sellers from lawsuits by victims of gun-related crimes. Jack Wurgaft, with the assistance of Javerbaum Wurgaft Appellate expert, Tony Valenti, successfully argued in this case of first impression in New Jersey, that the PLCAA did not apply to the facts of the case. Following the successful ruling, Wurgaft and Valenti’s Brief was solicited by the James Brady Center to Prevent Gun Violence. |
| ZARINSKY |
Ken Javerbaum obtained the largest jury verdict in Union County, NJ, in the amount of $10.7 million on behalf of Elizabeth Bernoskie, whose husband had been murdered more than 45 years earlier. The suspect, who had been acquitted of murder, was tried in a wrongful death action, and found to be liable.After the verdict, Javerbaum was able to locate significant assets that the defendant had inherited and attempted to secret. The assets uncovered served to satisfy a substantial portion of the judgment. |
| Ruiz |
In a published decision, Rubin Sinins secured “Gap-Time Credit” for a murder defendant charged with hiding the body for 10 years to avoid detection. |
| Name Withheld Due to Confidentiality Agreement. |
David Wikstrom settled an insurance fraud/negligence lawsuit for $232,000, after a number of mediation sessions. Several entities who were responsible for procuring coverage for the corporate defendant agreed to repay the insurance premiums and any unpaid claims. |
| Kane and Kohn |
The defendants were indicted under the newly enacted privacy law created to target electronic peeping toms. In a case of first impression, Rubin Sinins sought to dismiss the indictment, arguing that there is no expectation of privacy in public places. Sinins secured Kane’s entry into a 6-month diversionary program, which will lead to dismissal of the charges. |
| WORLD TRADE CENTER CLAIMS |
Eric Kahn has successfully prosecuted claims on behalf of the families of World Trade Center victims including an award from the Victim's Compensation Fund in excess of $3.3 million before offsets. Eric has also been consulted by other attorneys handling World Trade Center claims. In such cases, due to our commitment to our clients, we limit our fees to significantly less than the normal 33% contingent fee. |
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