A father of six has been ordered to pay $2.59 million in a settlement after he was injured when a cement mixer overturned at a construction site, causing him to lose consciousness and suffer other serious injuries.
On February 12, 2020, Marbin E. Pineda, 43, of Newark, was seriously injured at a construction site on Prince Street in Elizabeth when a cement truck’s jackstand was placed over a drain pipe. The weight of the truck caused the pipe to collapse and the truck to tip over. The concrete pump swung, striking Pineda and knocking him unconscious. He was taken by ambulance to University Hospital in Newark, according to his attorney. Andrew Prince from Tobin, Kessler, Greenstein, Caruso, Wiener & Konray.
Pineda lost use of his left arm as a result of the accident and will suffer permanent neurological effects for the rest of his life, according to Prince. He also suffered a concussion, a broken collarbone and spinal injuries, among other injuries. He underwent several surgeries, including open reduction and internal fixation of his left collarbone fracture and closed repair of his left scapula fracture. He also underwent irrigation, debridement and open reduction of his left hand.
Pineda filed suit in Union County Superior Court. Pineda vs. Roy Rock Masonry on January 11, 2021. In his complaint, he alleged that he suffered physical and emotional injuries, including, among other things, pain and shock, due to the defendants’ negligence.
Defendants named in the suit included general contractor March Associates and subcontractor Roy Rock Masonry. Also named in the suit were Atlantic Engineering Laboratories and Tom Krutis Excavation Co.
The $2.59 million settlement was split between Pineda’s employer, JHP, March Associates, and Roy Rock. JHP contributed $1 million to Roy Rock’s settlement. Roy Rock and March Associates each contributed an additional $787,500, and Tom Krutis paid $10,000, bringing the total settlement amount to $2,585,000.
In its response to Pineda’s first amended complaint, Roy Rock raised several affirmative defense arguments, including that the company had not breached any duty to the plaintiff and that it had not acted negligently.
“Any injuries or damages allegedly suffered by the plaintiff were caused solely by the negligence of the plaintiff,” the response said, adding that any injuries or damages suffered by Pineda were due to, among other things, the plaintiff’s contributory negligence or negligence.
Atlantic Engineering was represented by Kevin J. O’Neill And Seth J. Feinstein from Byrne and O’Neill; Tom Krutis Excavation was represented by David I. Blee from Goetz Schenker Blee & Wiederhorn; Timothy J. Jaeger from Marshall Dennehy represented March Associates; Jeffrey Savage And Bobbi Vilachá from Zirulnik, DeMille and Vilachá represented Roy Rock Masonry; and JHP was represented by David Group from Kaufman Dolowich.
Jaeger, Savage and Group declined to comment on the case. O’Neill and Blee did not immediately respond to requests for comment.
The matter was settled after a single mediation session with a retired judge. Alan G. Lesnewichsenior attorney at Fisher & Phillipswhich took place last September. Although the initial mediation failed to resolve the matter, Lesnewich continued to work with the parties until a final resolution was reached on February 12.
“Ultimately, justice was served,” Prince told the Law Journal. “The contractor and subcontractor were in a rush to complete a project without concern for their top priority, which was the safety of their workers. The defendants in this case were more concerned with completing the project than creating a safe work environment.”
