Crime & Safety
NJ Man Hit By Flying Construction Debris While Driving Awarded $15.5 Million In Lawsuit
A piece of metal broke through the van's window before hitting Kyle G. Lauck in his neck and jaw, causing traumatic injuries, lawyers said.
HUNTERDON COUNTY, NJ — A Hunterdon County man was awarded $15.5 million after being hit by flying construction debris while driving seven years later.
Kyle G. Lauck of Milford suffered a traumatic brain injury after being hit by the debris on Nov. 27, 2018.
Lauck, who was an electrician for Carr Electric, was driving a company van on County Route 519 near Milford Warren Glenn Road in Holland Township when he was hit by a piece of metal on the right side of the neck and jaw.
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A construction worker with Diaco Construction was using a Track Feller Buncher when they lowered the blade and hit a metal clamp in the ground. This caused the clamp to be propelled into the air and through the side of Lauck's van, where it tore through the metal cage of the van before striking Lauck, according to the lawsuit filed in Hunterdon County Superior Court.
"He suffered a fractured mandible that required surgery, and he is left with permanent metal plates in his jaw. He also suffered three fractures on the right side of his cervical spine and a severe traumatic brain injury," according to attorneys Gill & Chamas of Woodbridge.
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Lauck also spent two weeks in a hospital followed by another two weeks of inpatient treatment at a rehabilitation center, learning to walk again and how to go up and down steps.
The lawsuit alleged Diaco Construction was negligent for failing to provide a trained traffic control coordinator and trained flaggers and failing to provide proper traffic control for the construction zone.
In November, the verdict was found in favor of Lauck for $15.5 million against Diaco Construction. The jury found Diaco was 90 percent liable and Kira Land Management was 10 percent liable.
The $15.5 million was broken down as follows: $3 million for past pain/suffering, $9 million for future pain/suffering, and $3.5 million for future lost wages.
With interest and pre-trial settlements with Kira Land Management, the total recovery is more than of $20 million.
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