$2M jury award for fender-bender tossed, new trial ordered

AP News
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Posted: Jan 22, 2016 7:05 AM

MORRISTOWN, N.J. (AP) — A $2 million award has been tossed out in the case of a man who sued following a fender-bender in central New Jersey.

NJ.com reports (http://bit.ly/1P9Y3LM ) a state appeals court on Wednesday called it a "clear miscarriage of justice" and ordered a new trial.

Joseph Berkowitz, of Lakewood, was rear-ended in 2009 in Old Bridge by Susan Soper, of South Amboy.

Court documents say neither vehicle was damaged and Berkowitz didn't immediately seek medical attention but later went to a hospital after he said his back hurt.

The appeals court found that comments made by Berkowitz's attorney that his client was recommended for surgery were unsubstantiated by experts and should not have been allowed.

The ruling also says the judge failed to postpone the 2014 trial when Soper suffered a medical emergency and could not attend.

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Information from: NJ.com, http://www.nj.com