News & Events

Andrew G. Toulas attains Defense Verdict in Bergen County; Zvanets v. Reyes, BER L 636-10

January 24, 2012

This personal injury automobile negligence action was tried before the Hon. Kenneth Slomienski of the Superior Court, Law Division, Bergen County, and a jury of eight beginning on January 17 and concluding on January 24, 2012. The jury rendered a verdict finding that plaintiff did not sustain a permanent injury caused by a motor vehicle accident occurring on July 24, 2008 in Fair Lawn, NJ. Plaintiff was a 49 year old passenger in her husband's vehicle which was rear-ended. Liability was stipulated by defendant at the time of trial which proceeded on the issue of damages only. Plaintiff had no documented problems or complaints with respect to her neck or low back before the accident. She initially underwent conservative physical therapy for neck and back pain, and thereafter underwent MRIs which revealed disc herniations in the neck and low back. She was treated and examined by a neurologist who performed EMG tests which revealed radiculopathy in the neck and low back in the vicinity of the herniations. Ultimately, plaintiff underwent 5 epidural steroid injections under anesthesia. Plaintiff's testifying expert at trial confirmed that the disc abnormalities and radiculopathy were caused by the accident and permanent in nature. Defendant's two medical experts opined that the MRI findings showed injuries that were degenerative in nature pre-dating the accident in dispute, and any injuries suffered were not permanent. The jury agreed, finding that plaintiff did not prove her case.

Co-Managing Partner Dave Robertson obtains Defendant's Verdict in Union County; Jones and Cardwell v GEICO; UNN L 1879-09

January 18, 2012

This insurance contract action was tried before the Hon. Joseph Perfilio. The plaintiff owners of a 2003 GMC Avalanche, engaged to be married, contended that their vehicle was stolen sometime between 7-20-08 and 7-22-08. Plaintiff testified that he garaged his motorcycle at a friend's house and that he dropped off the Avalanche on 7-20-08 when he took his motorcycle. The Avalanche was found burning on 7-22-08. Plaintiffs made a claim against GEICO under the terms of their Policy. GEICO denied the claim. The defendant denied that the vehicle was stolen and alleged that the plaintiffs either created the loss or orchestrated the loss with others. The defendant supplied proof of an investigation which revealed that there was no evidence of tampering with the ignition and or forced entry. The defendant maintained that the male plaintiff, who indicated that he had lost one of the keys approximately one year earlier, provided a key at the time of the loss which testing revealed did not match the ignition. The defendant further contended that plaintiffs had financial difficulties, were often late on the automobile payments and, after refinancing the loan for the vehicle (with > 100,000 miles), the monthly payments exceeded $728. The defendant counterclaimed under the NJ Fraud Prevention Act, seeking attorneys fees and costs. The jury rejected Plaintiffs claims and found for the Defendant on the counterclaim.

John McDermott obtains Defense Verdict in Passaic County; Bena v. Hernandez, et. al. PAS-L-5359-09

January 11, 2012

This automobile negligence case was tried before the Hon. Anthony J. Graziano of the Superior Court, Law Division, over three days. The jury returned a verdict in favor of the defendant, finding that the plaintiff's negligence was the primary cause of the accident. Plaintiff alleged that she was driving when Defendant entered her lane of travel from a parked position without signal or warning thereby causing impact between the two vehicles. Plaintiff, 27 years old, alleged TMJ dysfunction, a cervical herniation, a lumbar bulge and radiculopathy in her left lower extremity. Plaintiff, her treating chiropractor and the radiologist all provided testimony. Plaintiff’s experts opined that permanent injuries were sustained and proximately caused by the accident. Defendant’s testimony refuted the claims of negligence. Defendant also presented two medical experts who disputed the findings of permanency and causation to the accident. After a short deliberation the jury returned a verdict in favor of the defense as to liability, never even reaching the verbal threshold issue.

Associate Andrew G. Toulas Judges Mock Trial Competition

January 4, 2012

On January 4, 2012, associate Andrew G. Toulas volunteered as a judge in the 2011-2012 Vincent J. Apruzzese High School Mock Trial Competition sponsored by the New Jersey State Bar Foundation. The competition took place at the Bergen County Courthouse, Hackensack, New Jersey. It provided students access to a real courtroom setting. The students gained firsthand, practical experience in the workings of a trial, conducting opening and closing statements, and examining witnesses. Mr. Toulas presided over the trial, ruling on the participants' objections, determining the winning party using a detailed scoring system established by State Bar Foundation, and providing qualitative evaluation of both teams.

Andrew Toulas obtains Defense Verdict in Passaic County; Norman v Grucela, PAS L 655-10

December 22, 2011

This automobile negligence case was tried before the Hon. Thomas LaConte of the Superior Court, Law Division, starting on December 8 and concluding on December 21, 2011 when the jury returned a verdict in favor of the defendant, finding that the plaintiff did not sustain a permanent injury proximately caused by the motor vehicle accident of September 2, 2004. Plaintiff was stopped, waiting to enter Route 46 in Clifton, when his vehicle was rear-ended by the defendant. The Court directed a verdict on plaintiff's motion in favor of the plaintiff on the issue of liability. Regarding damages, plaintiff, a 54 year old telemarketer, alleged cervical herniations and a labral tear of the left shoulder, both with recommendations of surgery. Plaintiff underwent shoulder injections, but did not have any surgery. Plaintiff was involved in a subsequent accident two years later, also a rear-end hit, and claimed an aggravation of the prior injuries. The two lawsuits were consolidated. Plaintiff presented four medical experts at trial, all via videotape, who opined as to the permanent injuries proximately caused by the 2004 accident, and aggravated by the 2006 accident. Defendant’s three medical experts disputed any permanent injury caused by the 2004 accident, noting the evidence of degeneration pre-dating the accident as shown on the MRI films. The jury agreed, finding that the plaintiff failed to prove his case.

Co-Managing Partner Dave Robertson obtains defense verdict in Bergen County; Beltran v GEICO, BER L 3136-10

December 12, 2011

This insurance contract action was tried before the Hon. Estella De La Cruz over five days. Plaintiff, the lease holder of an Infinity and owner of a financed Honda, insured with the Defendant, contended that the cars were stolen from her driveway in the overnight hours. Plaintiff sought coverage pursuant to her policy with GEICO. The Defendant denied the claim, asserted that the Plaintiff failed to establish that the vehicles were stolen, and also asserted that the Plaintiff made material misrepresentations during the claims process. GEICO contended that these thefts did not occur, but instead, the circumstances suggested an "owner give up" associated with Plaintiff's financial difficulties. The Defendant established that the Plaintiff was chronically late with the payments on the Honda, that she had attempted to return the Infinity to the dealer but could not do so unless she paid $11,000 to the dealer, which she could not afford, and that generally, there was no more than a de minimus balance in the plaintiff's savings account. The cars were both equipped with transponders; an iginition key with a computer chip that matched the car was required for operation. The Defendant maintained that the jury should also consider that the Plaintiff could not account for one of the keys to each vehicle; one vehicle was found with the key inside; and, the other vehicle was photographed traveling through an E-Z pass lane. The Defendant contended that in view of all of the evidence, it was clear that thieves had not taken the cars with a flatbed truck. The jury agreed that the Plaintiff did not establish that the vehicles were stolen and entered a defense verdict.

Partner Greg Irwin obtains defense verdict in Sussex County; Occhfinto v Star Building, et al, SSX L 70-07

November 16, 2011

This construction defect case was tried before the Hon. Edward V. Gannon over twelve days in November. The jury returned a verdict in favor of the defendant, concrete installer, finding that although this defendant was negligent, that negligence was not a proximate cause of the warehouse collapse. Plaintiff, the owner of a newly constructed warehouse, claimed almost $5 million in damages. Codefendant manufacturer and architect settled out prior to trial. At trial the plaintiff tried to focus the jury's attention on the claim against the concrete sub-contractor, for failing to provide reinforced concrete. Defendant was able to defeat the claim by pointing out the claims made against the settling defendants, as well as the plaintiff's own comparative negligence in acting as the general contractor. The jury determined that the plaintiff was 50% comparatively at fault, and the two settling codefendants each 25% at fault

Ken Foreman obtains Defense verdict in Passaic County; Berry v. Danzinger, PAS-L-904-09.

November 14, 2011

This automobile negligence case was tried before the Hon. Thomas LaConte, of the Superior Court, Law Division, Passaic County during the week of November 14, 2011. The jury returned a verdict in favor of the defendant finding that plaintiff did not suffer a permanent injury proximately caused by the motor vehicle accident of March 9, 2007. Plaintiff was southbound on Route 287 in Mahwah traveling at approximately 65 mph when struck from behind by the defendant traveling at a high rate of speed. As a result of the collision Plaintiff’s vehicle left the road and collided with the median barrier. His vehicle sustained extensive front and rear damage and was not drivable from the scene. Plaintiff, a 43 year old flooring installer, alleged that he had suffered a herniated disc at C4-5 that contacted the ventral aspect of the spinal cord and a disc herniation at C6-7. Plaintiff also alleged that he was unable to continue as a flooring installer and became an estimator following the accident. Plaintiff called as expert witnesses his treating chiropractor and a board certified neuro-radiologist. Defendant admitted liability but denied causing a permanent injury. Defendant’s expert, a board certified neurologist, in addition to his exam and record review, also reviewed the MRI study of plaintiff’s cervical spine. The jury agreed that despite the findings of abnormality in the cervical spine, plaintiff had failed to establish proximate cause because there was no objective evidence of permanent injury on clinical exam by plaintiff's treating doctors or the defense's independent medical exam.

ANDREW G. TOULAS GUEST SPEAKER AT WAYNE, NJ ELEMENTARY SCHOOL

October 21, 2011

On October 21, 2011 Mr. Toulas spoke to Mrs. Ostermann's class at Theunis Dey Elementary School in Wayne, New Jersey about the fundamentals of our nation's legal system and the trial by jury process.  The students participated in a mock civil jury trial taking on the role of jurors, witnesses, litigants and bailiff.  The students were also informed of basic concepts involving attorney ethics, distinctions between our civil and criminal justice system, and were shown tools of the trade.  The student's participation was impressive. The school was most appreciative of Mr. Toulas' efforts.

Bergen County Bar Foundation Presents the 2011 Community Service Award to Co-Managing Partner David M. Repetto.

September 19, 2011

On September 19, 2011, the Bergen County Bar Foundation presented its 2011 Community Service Award to co-managing partner David M. Repetto. The award was presented at the Foundation’s annual Frank V.D. Lloyd Memorial Golf Outing and Awards Dinner held at Apple Ridge Country Club in Mahwah, New Jersey.

The Community Service Award is given each year to a Bergen County attorney who has performed exemplary voluntary service to the Bergen County community.

Dave received the award based on his nearly 30 years of service to the people of Bergen County. That service includes:

• General Counsel to the Commerce and Industry Association of New Jersey (2008-present)
• Counsel to the Northwest Bergen Central Dispatch (2008-present)
• Counsel to Northern New Jersey Council of the Boy Scouts of America (2009-present)
• Member, Board of Governors, Ramapo College of New Jersey (2007 - present)
• Member, Historic Preservation Commission, Borough of Upper Saddle River (2008 to present)
• Secretary, Board of Trustees, Children's Aid and Family Services (2007-2010)
• Member, Board of Trustees, Children's Aid and Family Services (2005-2010)
• Member, Board of Education, Borough of Upper Saddle River (2007-2008)
• Member, Zoning Board of Adjustment, Borough of Upper Saddle River (2000-2004)
• Councilman, Village of Ridgewood (1986-1990)
• Treasurer, Board of Trustees, Ridgewood Public Library (1983-1984)
• Member, Board of Trustees, Ridgewood Public Library (1980-1984)
• Lecturer for the New Jersey Institute for Continuing Legal Education on the subject of Probate and Fiduciary Litigation.
• Chairman of the Bergen County District Fee Arbitration Committee.
• Member of the District II-A Ethics Committee.

The Foundation’s annual golf outing and awards dinner was named in memory of Harwood Lloyd founding partner Frank V.D. Lloyd, who passed away in 2007. Frank was instrumental in establishing and running the Bergen County Bar Foundation for many years. Frank also established a tradition of community service at Harwood Lloyd and it is fitting that Dave received the 2011 Community Service Award at the dinner named in honor of Frank.

Curt Turpan speaks at ICNJ seminar on proposed new PIP regulations.

August 19, 2011

Curt Turpan, a Partner in Harwood Lloyd's Insurance Defense Department and the head of the firm's No Fault/PIP department, spoke at a conference held by the Insurance Council of New Jersey entitled "The Changing PIP Landscape in New Jersey." Mr. Turpan lectured on the impact of new PIP regulations proposed by the New Jersey Department of Banking and Insurance on both a PIP carrier's duties and operations, as well as the subsequent arbitration of PIP claims. Conference attendees included over 200 representatives of insurance carriers and PIP vendors, as well as many attorneys. The PowerPoint that Mr. Turpan presented at the conference can be obtained by emailing cturpan@harwoodlloyd.com.

Mr. Turpan is a recognized expert in the field of PIP and automobile coverage litigation. He is one of only three defense attorneys serving on the 14 member Forthright Advisory Council for No-Fault Disputes in the State of New Jersey. Mr. Turpan represents and provides counsel to many insurance companies and PIP vendors in New Jersey including Allstate, New Jersey Manufacturers, GEICO, American Commerce Insurance, Amica, Avis/Budget Group, Mercury, Global Liberty Insurance, Concentra Inc. and Auto Injury Solutions. He has appeared before the Appellate Division on numerous occasions and represented the prevailing party in several significant reported cases including Seaview Orthopedics v. NHR, et.al., (upholding a PIP carrier's right to utilize PPO agreements), and Montemayor v. Signorelli, (holding that the tort threshold selected by the named insured applied to the insured's resident children who do not own their own automobile even if the child was an emancipated adult.) He is also a member of the New Jersey Defense Association, the Bergen County Bar Association, the North Jersey Claims Association, the Central Jersey Claims Association and the South Jersey Claims Association.

Evelyn Storch Attends American Bar Association Annual Meeting In Toronto.

August 2, 2011

The ABA Annual Meeting was held this year in Toronto, Ontario. Participants heard addresses by Supreme Court Justice Stephen Breyer and Canadian Supreme Court Chief Justice Beverly McLaughlin. Chief Justice McLaughlin discussed the similarities between our two countries and the need to continue working together to improve our respective justice systems and the lives of our citizens generally. Justice Breyer delivered a rousing call to arms to educate the public on civics. He blamed the current damaged public discourse on the population’s lack of education on their rights and responsibilities as citizens and on the beauty of the Constitution.

Outgoing ABA President, Stephen N. Zack, addressed the assembly on civility in the law and in life. In Canada, he pointed out, the oath lawyers take includes the obligation of civility, but that is not the case in the U.S. President Zack encouraged each of us to commit to being a force for change toward greater civility in our profession, in our courts, in our politics, and in our communities.

Anthony S. Bocchi successfully challenged a decision of the New Jersey Division of Unemployment, regarding unemployment benefits.

August 1, 2011

Anthony S. Bocchi successfully challenged a decision of the New Jersey Division of Unemployment regarding unemployment benefits.  The matter involved a long course of employment at a large corporation.  With an impending bankruptcy, the employee's position was eliminated; the employee was advised that there might be another position available within the company after bankruptcy reorganization.  The employee resigned and filed for unemployment benefits with the New Jersey Division of Unemployment.  The New Jersey Division of Unemployment denied unemployment benefits, declaring the employee disqualified on the ground that he had left work voluntarily without good cause.  Mr. Bocchi appealed the decision to the Appeal Tribunal, and filed an appellate brief arguing that no disqualification occurred pursuant to N.J.S.A. 43:21-5.  In a written decision, the Appeal Tribunal adopted Mr. Bocchi’s argument by finding that no disqualification had occurred under N.J.S.A. 43:31-5. and that there was never a bona fide job offer in compliance with N.J.A.C. 12:17-11.3(a)(1).  The determination of the Division of Unemployment was reversed, and the employee received unemployment benefits by the Division of Unemployment.

Mr. Bocchi is an associate in Harwood Lloyd’s Commercial Litigation Department, with a focus on employment related litigation. His direct line is 201-359-3653, or he can be reached via email at abocchi@harwoodlloyd.com.

Partner Tom Loikith was re-elected as vice president of the Bergen County Bar Foundation.

August 1, 2011

Partner Tom Loikith was re-elected as vice president of the Bergen County Bar Foundation. The Foundation is the charitable arm of the Bergen County Bar Association, consisting of attorneys and local non-lawyer professionals who volunteer their time to promote legal education to the citizens of Bergen County. Harwood Lloyd founding partner Frank Lloyd was instrumental in establishing the Foundation and the firm has had a continuing, active relationship with the Foundation since that time.

Andrew G. Toulas becomes a member of the Employment Law Committee of the New Jersey Defense Association.

June, 2011

Associate Andrew G. Toulas has become a member of the Employment Law Committee of the New Jersey Defense Association. Mr. Toulas, an active member of the NJDA, and Certifed Civil trial Attorney, practices in the area of insurance defense, as well as defense of employers in various employment claims, including harassment.

John W. McDermott successfully defends “zero threshold”.

John W. McDermott — June 28, 2011

Associate John W. McDermott successfully defended “zero threshold” at a jury trial before Judge Harz in Bergen County. The plaintiff claimed neck and back injuries from a motor vehicle accident, and underwent orthopedic and physical therapy treatment under the direction of Michael C. DiStefano, M.D. Dr. DiStefano testified for the plaintiff; Edward Friedland, M.D. testified for the defense. The jury decided that while the plaintiff had sustained an injury as a result of the accident, the injury was not worth anything. Judge Harz, finding this verdict to be inconsistent with the law, sent the jury back to reconsider its decision. The jury then returned with a verdict of $3,500.00. The de minimus verdict did not warrant filing an appeal.

Tom Loikith speaks at a seminar co-sponsored by the Bergen County Bar Association Banking and Business Law Committee and Corporate Law Committee.

May 11, 2011

Tom Loikith, partner in the Commercial Department, spoke at a seminar co-sponsored by the Bergen County Bar Association Banking and Business Law Committee and Corporate Law Committee. The seminar topic was Corporate Entity and Formation Options. Entity Choice Liability and Business Matters Tax Issues, Governance Agreements, Conflicts and Ethical Issues. Tom is co-chair of the Banking and Business Law and Corporate Law Committees.

Andrew G. Toulas was approved by the New Jersey Supreme Court for recertification as a civil trial attorney.

April 12, 2011

Associate Andrew G. Toulas was approved by the New Jersey Supreme Court for recertification as a Civil Trial Attorney by Order of the Chief Justice signed April 12, 2011. Mr. Toulas was originally certified in 2005. He joins a very elite group of New Jersey attorneys - only 2% of the state's attorneys achieve this status.

Andrew G. Toulas attains no cause of action

Andrew G. Toulas — April, 2011

Associate Andrew G. Toulas attained a no cause of action in favor of his client defendant after a jury trial. Plaintiff allegedly sustained permanent injuries in automobile accident caused by defendant. Injuries included disc herniation in lower back per MRI with radiculopathy per EMG. The Jury found that plaintiff did not prove that she sustained permanent injuries in the accident. DERIENZO v. OLSEN, BER-L-5669-08. Judge Russello. LINKS......New Jersey Jury Verdict Review & Analysis, VOL. 31, Issue 11 April 2011, p. 19 (www.JVRA.com)

Kristine Denning obtains a “no cause of action” on jury trial before Judge Baber in Hudson County.

Kristine Denning — April 4, 2011

Partner Kristine Denning obtained a “no cause of action” on a jury trial before Judge Baber in Hudson County. The plaintiff alleged neck and back injuries including bulging discs for which she underwent cervical epidural injections under the direction of Bryan Massoud, M.D. Dr. Massoud testified for the plaintiff and Edward Decter, M.D. testified for the defense. The jury decided that the plaintiff had not proven a permanent injury as required by the limitation on lawsuit threshold. Harwood Lloyd represented NJM on the plaintiff’s claim for underinsured motorist benefits. The adverse driver was insured with GEICO at the time of the accident with a limited policy of 15/30 limits. Liability was stipulated as to the GEICO driver who had rear-ended the plaintiff’s car.

Anthony S. Bocchi has been selected for inclusion in Super Lawyers® Rising Stars Edition 2011.

March 21, 2011

Associate Anthont S. Bocchi has been selected for inclusion in Super Lawyers®–Rising Stars Edition 2011. The selections for this list are made by the research team at Super Lawyers, which is a service of the Thompson Reuters, Legal division based in Egan, MN. Each year, the research team at Super Lawyers undertakes a multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. The decisions made by Super Lawyers have not been approved by the New Jersey Supreme Court.

Harwood Lloyd, LLC attorneys named by Super Lawyers as some of New Jersey's top attorneys.

March 21, 2011

David Robertson, Gregory Irwin, Gregg Ilardi and Michael Oropollo have been named by New Jersey Super Lawyers® magazine as some of the top attorneys in New Jersey for 2011. The selections for this list are made by the research team at Super Lawyers, which is a service of the Thompson Reuters, Legal division based in Egan, MN. Each year, the research team at Super Lawyers undertakes a multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. The decisions made by Super Lawyers have not been approved by the New Jersey Supreme Court.

Robert L. Delicate has joined the firm as an associate.

February 1, 2011

Harwood Lloyd, LLC is pleased to announce that Robert L. Delicate has joined the firm as an associate.

Mr. Delicate received his B.A. in History from the University of Connecticut in 2006. He received his J.D. from New York Law School in 2009.

Prior to joining Harwood Lloyd, Mr. Delicate worked at Wellinghorst and Fronzuto in Woodland Park, New Jersey. He handled insurance defense litigation for a wide variety of insurance companies and self employed municipalities. He also handled workers compensation matters in both New York and New Jersey.

Mr. Delicate is currently admitted to practice in the State of New Jersey, the United States District Court for the District of New Jersey, the State of New York and the United States District Court for the Southern District of New York.

Stephen Wellinghorst has joined the firm as a partner.

February 1, 2011

Harwood Lloyd, LLC is pleased to announce that Stephen Wellinghorst has joined the firm as a partner.

Mr. Wellinghorst received his B.A. in Political Science from Montclair State University in 1984. He received his J.D. from Ohio Northern University Claude W. Pettit School of Law in 1988, where he was an Associate Editor of the Ohio Northern University Law Review.

Following law school, Mr. Wellinghorst joined the Monmouth County Prosecutor’s Office. In 1992, he joined the law firm of Braff Harris & Sukoneck, where he specialized in insurance defense litigation representing various insurance companies, self insured companies and public entities. He became a partner with Braff Harris & Sukoneck in 2000.

Jeanne O. Marino Made Partner

January 1, 2011

Harwood Lloyd, LLC is pleased to announce that Jeanne O. Marino has become a partner of the firm.

Ms. Marino is a partner in the General Litigation Department. She has extensive jury trial experience concentrated in the area of personal injury defense litigation for both insurance carriers and self-insureds, specializing in motor vehicle defense. Ms. Marino received her B.A. from Lehigh University in Bethlehem Pa. in 1976 and her J.D. from Western New England College School of Law in Springfield, Ma. in 1979. She clerked for the Hon. Kevin O'Halloran of the Bergen County Superior Court. Ms.Marino is admitted to practice in New Jersey and New York, the United States District Courts for the District of New Jersey, Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit. Ms. Marino received an AV Preeminent rating from the Martindale-Hubbell peer review rating system.

Kristine Denning Made Partner

January 1, 2011

Harwood Lloyd, LLC is pleased to announce that Kristine Denning has become a partner of the firm.

Ms. Denning, who holds a law degree from Brooklyn Law School and a B.A. from Ramapo College of New Jersey, specializes in insurance law with a concentration in fraud investigation and resulting litigation. Ms. Denning has received significant training and experience concerning bad faith litigation, declaratory judgment actions, fraud ring activity and actions under the New Jersey Insurance Fraud Prevention Act. Additionally, Ms. Denning's practice includes insurance coverage and defense, representing insurance companies directly or insureds at the request of their insurance carriers. She is licensed to practice law in New Jersey and New York. She is a graduate of the Bergen County Justice Morris Pashman Inns of Court and a member of the Bergen County and Passaic County Bar Associations.

Harwood Lloyd featured in Commerce Magazine

October 1, 2010

Harwood Lloyd is featured as the cover story in the October, 2010 edition of Commerce Magazine, the publication of the Commerce & Industry Association of New Jersey.