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Cancer Patient Accepts $895,000 for Car Injuries That Worsened Ailment

Dunscombe v. Nevis:  A disabled cancer patient who claimed her condition worsened after a crash with a landscaper’s truck accepted an $895,000 settlement on July 10.  

On Nov. 1, 2004, in Fanwood, truck driver Norberto Nevis of Colonia made a left turn and collided with an oncoming wheelchair-accessible van driven by Carole Dunscombe, now 48, of Plainfield.

At the time, Dunscombe had lymphodemia, a swelling caused by cancer, but was able to get about by wheelchair, says her lawyer, Victor Rotolo of Kearns Rotolo Law in Lebanon.  Since suffering leg fractures in the accident, she has been bedridden and is in danger of losing her legs, he says.  

The case was settled before Middlesex County Superior Court Judge Yolanda Ciccone.

Defense lawyer Frank Cofone Jr. of D’Amico & Cofone in New Brunswick says a trial on damages would have hinged on the extent to which Duscombe’s prior ailments – not the accident – were responsible for the her current condition.

- By Henry Gottlieb
New Jersey Law Journal, the Statewide Legal Authority since 1878
April 11, 2006

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