Hidden Stop Sign Causes $700K Settlement
Date of Verdict: November 26, 2018 (settled on the trial day)
Court: Middlesex County Superior Court
Caption: PLAINTIFFS:
TEODOR NEGOVETTI and MARY NEGOVETTI,
DEFENDANTS:
DAVID L. WONG, TOWNSHIP OF EDISON, COUNTY OF MIDDLESEX, STATE
OF NEW JERSEY, FRANK KIRCHNER, GENEVIEVE PALAGNAS, and JOHN
DOES 1 through 10 (fictitious parties)
Judge: Honorable Thomas Buck, J.S.C.
Attorneys for All Parties: Dan T. Matrafajlo, Esq. of Beninato and Matrafajlo Attorney at Law, LLC and Frank P. Cofone represented the plaintiffs. Miriam R. Rubin, Esq represented the defendant driver, David L.Wong. Lori Brown Sternback, Esq. Of Methfessel & Werbel, PC represented the defendant homeowners, FRANK KIRCHNER, and GENEVIEVE PALAGNAS. Gregory Drews of Deutchman & Drews, LLC represented the interests of the excess carrier, Fitchburg Mutual Insurance Company. Insurance Carriers: Plymouth Rock Insurance Company insuring defendant driver, David L. Wong. The Excess carrier insuring defendant David L. Wong was Fitchburg Mutual Insurance Company. The defendant homeowners, FRANK KIRCHNER, GENEVIEVE PALAGNAS, were insured by Merrimack Mutual Insurance Company. Facts of Case: On September 13, 2014, defendant Wong failed to stop at a stop sign striking plaintiff’s vehicle. Defendant Wong contended that he was unable to see the stop sign because it was hidden by overgrown tree branches on property owned by defendants Kirchner and Palagnas.
Plaintiff was prepared to offer proof that he sustained a L4-5 herniated disc which required a transforming lumbar interbody fusion with allograft, screws and a rage. Apportionment: Defendants Edison, Middlesex County, and State of New Jersey were granted summary judgement ; Plymouth Rock Insurance Company paid $250,000 (policy limit) and Fitchburg Mutual Insurance Company paid $380,000 for defendant Wong and Merrimack Mutual Insurance Company paid $70,000 for defendant Kirchner and Palagnas.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
