It's entirely possible, but the exact amount of compensation is up to the jury, should the court find for her case. That's why tort reform has been a somewhat heated topic in the past few decades.

I am not a lawyer nor do i claim to have an insight into tort.

But doesnt speculating about compensating future dependence leave lawsuits such as this one open to near unlimited amounts? Also from my experiences her auto insurance/homeowners/etc etc will have un/under insured stipulations that will assist her further.

Correct me if i am wrong.

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I agree completely. Imagine what your life would be like now had you lost your ability to walk at 19 and needed years of painful therapy just to try to hope to approach a normal standard of living.

Not only will therapy and care be accounted for; actuarial rates are also given for a future "earning potential" for many individuals. The money that this poor girl would have earned in life is no longer going to be available to her family or any potential dependents in the future.

I think the problem is this women needs money for the kind of care she is going to need to help in her recovery, and probably for most of her life. She needs to sue as many people as humanly possible to create as large a pool as possible to get that money from. In all likelihood the guy driving the car, even the car owner have limited insurance policies, and minimal to actually collect on. Furthermore being in prison doesn't really help his earning potential. I wish her and her family the best of luck and what must be a truly horrifying experience.

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Unless it was bought lawfully by someone of legal age and then given to (or stolen/taken by) the minor minutes, hours, days, or weeks later. In which case the store owner should not in any way be liable.

To help curb underage drinking (not to mention identifying the source of unwanted litter) - it might be wise to pass an ordinance where by all liquor stores must place stickers with their store name on all bottles and cans sold. When cops catch an underage kid then they will know where the alcohol came from.

I did read the article and guess I missed the part that said he was 20. I still don't see how they can try and go after so many people in the suit and be successful.

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Hey dummy... did you read the article? He's underage. He shouldn't have been served alcohol. That is clear negligence.

It is unfortunate that this woman now has to live in this condition. I don't think anyone else except the driver should be responsible for this crash. People have to take responsibility for what they did but going after people who were not involved does not seem to make sense.

Perhaps she should add the car manufacturer, his parents because they allowed this person to be born, his grade school, his church for not teaching him about the value of human life... seriously when does it stop.

This man made a reckless decision and should be the only one held responsible.

Paralyzed woman targets more than driver in civil suit

Wednesday, August 26, 2009
By MICHAELANGELO CONTE
JOURNAL STAFF WRITER

The Bayonne woman who was left paralyzed after being struck by a car in Jersey City in April has filed a civil suit against the 20-year-old driver, anyone who may have served him alcohol, and the owner of the vehicle he was driving.

"What we hope to accomplish with the lawsuit is to get her reasonable compensation that will hopefully replace, to the extent it can, the life that she once had," says Christian C. LoPiano, the attorney representing Jillian Elias, 19.
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"Quite frankly, there is no amount of money that is ever going to do that."

Michael Garbacki, of Avenue E in Bayonne, is named in the suit as the driver of the 1996 Honda Passport that struck Elias in a parking lot on Port Jersey City Boulevard on April 18.

It also names the owner of the vehicle, Manuel J. Malibiran, as a defendant, and it accuses both men of "operating their motor vehicle in a negligent and careless manner" so as to cause it to strike Elias and cause devastating injuries.

Malibiran's son was a passenger in the car at the time of the collision.

Garbacki also faces criminal charges in the incident, in which Yajaira Montes, 21, of Bayonne, was also struck and seriously injured.

Elias was left quadriplegic due to spinal cord damage and her legs and pelvis were fractured and her left foot was nearly severed, officials said, adding that she also suffered internal injuries including a lacerated kidney, spleen and liver. She was not expected to survive, but after a long hospital stay she has returned home.

LoPiano said Elias is continuing to make progress and is now getting several types of outpatient therapy.

"She continues to have problems with her vision," said the attorney, adding that Elias has undergone 10 surgeries. "She has a lot of other physical problems. She is looking at probably years of therapy."

Garbacki is charged with two counts of aggravated assault, two counts of assault by auto and one count of driving while intoxicated, and has pleaded not guilty.

The civil suit does not list a dollar amount being sought. A trial date for the suit likely will be set a year or two from now, said LoPiano, who is with the Hoboken firm of LoPiano Kenny & Stinson.

He said he thinks the count accusing anyone who may have served alcohol to Garbacki will move forward although no defendants are named. He said the discovery process may reveal useful information in that regard.

The current plea deal offered to Garbacki in the criminal prosecution would require him to agree to a five-year prison term and he would have to serve 85 percent of the term before becoming eligible for parole.

If Garbacki refuses to take a plea deal and is convicted at trial, prosecutors could argue for a sentence in excess of 20 years.

The next hearing in the criminal case will be on Oct. 6. Garbacki is free on a $100,000 bail.

Garbacki is represented in the criminal case by Hackensack attorney Joseph P. Rem Jr. In the civil suit, the defendants will like be represented by insurance company lawyers.