Green v. Stavola Management: A Monmouth County jury awarded $10.9 million on March 27 to an asphalt company employee left permanently disabled by a 1996 accident.

David Green, of Farmingdale, was working as a loader/operator for Stavola Asphalt in Howell when a dump truck backed up toward an asphalt hopper and rolled over him. The suit charged that the parent company, Stavola Management of Tinton Falls, failed to maintain safe premises by not remediating the danger that could befall employees.

According to one of his lawyers, Bloomfield's Angelo Bianchi, Green suffered a concussion, fractured his skull, ribs, hip and C-7 vertebra and lost sight in his left eye. Now 46, he walks with a slow gait; has restricted range of motion in his neck and lower back; fatigues easily; has attention and memory problems; and suffers from depression. He is unable to work and receives Social Security disability, says Bianchi, who was assisted by his son and partner, Robert Bianchi, and by Bloomfield solo practitioner John Caruso Jr.

Stavola Management's lawyer, Joseph Deal, a partner with Cherry Hill's Cooper, Levenson, April, Niedelman & Wagenheim, did not return a call seeking comment.

Robert Bianchi says the plaintiff's safety expert, mechanical engineer Mario Gomes of Summit, testified that the company should have made the premises safer by erecting barriers to mark a protected walkway, installing mirrors, assigning a flagman or providing education and training. Bianchi says defense expert Joseph Mills, an engineer with National Forensic Consultants in Pennsylvania, admitted that a facility without safety measures for backing up was unsafe.

Judge Ronald Reisner presided at the trial. The jury deliberated for about six hours to find $11.5 million in damages, consisting of $240,000 for past medical expenses; $7.5 million for pain, suffering, impairment and loss of enjoyment; $179,000 for past lost wages; $486,000 for future lost wages; $129,000 for loss of household services and $3 million on Green's wife's loss of consortium claim.

Stavola Management's top settlement offer, $2 million, was made during the trial, says Robert Bianchi.

Green was found 5 percent at fault, reducing his recovery to $10.9 million.

The jury found no fault with the truck driver, Anthony Loreto, who settled with Green before trial for his full $500,000 policy with Harleysville Insurance. The Jury also found to fault with Barry Caulfield whose business, Epochron Corp. of Tinton Falls, handled insurance and safety for Stavola Management.

Timothy Lyons, a partner with Giordano, Halleran & Ciesla in Middletown, who represents Caulfield and Epochron, says Stavola acknowledged that Epochron was its agent.

Stavola's primary carrier is Zurich Insurance with a $1 million policy. Stavola has excess policies of $25 million and $15 million with National Union.