Pizza delivery person will pay $1.2 million

Talarick v. Domino’s Pizza A pedestrian struck by a Domino’s Pizza deliveryman and left brain-damaged will receive $1.2 million under an August 31, 2004 settlement. On December 23, 2002, Gerard Talarick was in the roadway of Bustleton Road in Burlington New Jersey tending to his dog which had been hit by a vehicle, when the Domino’s van hit him. He suffered a fractured skull, with bleeding in the brain, and other injuries. He needed emergency surgery to repair punctured intestines and later has two rotator cuff operations. Now 39, he has severe cognitive deficits that impair his speech and memory. A former engineer, he is unable to work and collect Social Security disability. Talarick sued Domino’s, franchisee Sam and Bubba’s Pizza, franchise owner Randy Eisenhower and drive Mehmet Aydin. Judge Alexander Waugh Jr. in Middlesex County dismissed Domino’s based on the franchise agreement. The settlement was reached earlier after mediation. Selective Insurance, the franchisee’s insurer, will pay $1.2 million on a $1.5 million policy, with Aydin’s insurer, New Hampshire Indemnity, paying its $15,000 policy limit. The story above was copied directly from the September 13, 2004 edition of the New Jersey Law Journal

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