disclaimerA plaintiff who was injured while riding his motorcycle on an allegedly defective stretch of highway in West Milford, NJ recently settled his personal injury lawsuit against the NJ Department of Transportation for $2.5 million. The plaintiff motorcyclist was attempting to negotiate a right curve on the roadway when he lost control of his motorcycle, skidded and struck the left side guardrail. As a result of the accident, plaintiff’s left left had to be amputated. He is now totally disabled and unable to return to work as a postal worker. According to plaintiff, the portion of Route 23 where the accident happened had previously been a two way roadway and had not been properly regraded when converted to a one way road. Additionally, plaintiff claimed that there was a large crack in the road that allowed water sewage and growth of vegetation, which made the roadway slippery and contributed to the accident. The NJDOT, which had responsibility for the roadway, claimed design immunity under the NJ tort claims act. The case settled prior to trial, during mediation.