"The Myth of Sisyphus" - Lewis Brisbois Bisgaard & Smith LLP

“The Myth of Sisyphus”

Newark, N.J. (February 7, 2025) - The New Jersey Trial Team of Partners Afsha Noran and Colin Hackett began 2025 picking two juries on back-to-back wrongful death and toxic tort matters. The trials were estimated to last four and five weeks, respectively. However, after juries were selected, openings were held and the plaintiffs began their respective cases in chief, the two matters each settled on the fourth day of trial for fractions of the plaintiffs' demands on the day the trials started.

The first matter was a wrongful death claim brought by the estate of the deceased, his widow and two minor children. The matter arose from a June 8, 2019, accident in which the deceased, age thirty-six, was operating a motorcycle on a country road in Mansfield Township, New Jersey. At the same time the co-defendant was operating a vehicle and making a left-hand turn at the t-intersection. The plaintiffs alleged the co-defendant motor vehicle operator failed to make a full stop and negligently turned left at a stop sign controlling the t-intersection and turned into oncoming traffic, colliding with the decedent, who was operating his motorcycle in that lane resulting in decedent’s death.

The plaintiffs further alleged that, after impact with the co-defendant’s vehicle, the decedent was propelled through the air and crashed into a “Road Construction 1500 Feet” erected by the firm client in violation of numerous New Jersey Department of Transportation regulations. They alleged that the impact with the sign caused massive chest crush injuries to the deceased resulting in his death.

Through seventeen witnesses scheduled to testify in the trial, including the two police officers testifying prior to the mid-trial settlement, the New Jersey Trial Team would have and did put forth evidence that the deceased was drinking at a bar, speeding, passing vehicles and driving “aggressively” and erratically immediately before the accident. Moreover, that the evidence as to the cause of the deceased’s chest crush injuries was inconclusive and was likely from the deceased’s impact with the other motor vehicle not the sign.

The plaintiffs' demand to the client was originally several million dollars, dropping to a high six-figure amount after a jury was picked. Following openings and the testimony – direct and cross – of two responding police officers, the trial judge had “a long conversation with plaintiffs’ counsel regarding their case." The matter then settled for 22% of the plaintiffs' last demand after the jury was seated.

The second matter involved a “sick building" claim. Three plaintiffs brought a negligence claim against the co-defendant property owners, co-defendant plaintiffs’ employer (retaliation claim only) and firm client property manager alleging exposure to environmental toxic contaminants including fungal spores, “toxic” mold, dangerous allergens and other toxic substances in the walls, doors, air, and other unspecified environs at a large New Jersey office building during a period of 2006 to 2018. After two and half days of jury selection, the jury being sworn in and several in limine motions, two of the three matters were settled for one-third of the demand, a mid five-figure amount, and despite significant six-figure demands the day the trial started. The third claim, in which the demand was $2.8 million, was dismissed by the trial court following the granting of several in limine motions made by the New Jersey Trial Team.

Commenting on the start of 2025, Ms. Noran stated, “We try a lot of cases relatively speaking. We are grateful and fortunate to have clients that appreciate our firm’s ability to try cases and hire us to do so. Before trial we provide detailed pre-trial reports which include what we believe is the client’s verdict exposure on a likely and worst-case value given all the circumstances. We factor into our valuations good, bad and otherwise decisions that could be made by the trial court during the trial. Because of that I don’t recall us ever changing our valuation of clients’ exposure during a trial. Clients know what they are getting into before trial starts.”

Commenting on the recent 2025 trials, Mr. Hackett stated: “the Myth of Sisyphus."

For more information on these cases, contact the attorneys involved. Visit our National Trial Practice page for more information on our trial capabilities.