Camco to pay $15M to Atco Man (Courier Post)
June 18, 2010

Jane Roh
Courier- Post Staff

WINSLOW- Camden County will pay a liability settlement of at least $15 million to an Atco man, more than five years after the accident that cost him a leg and nearly an arm.

The county freeholders Thursday night approved a settlement with the attorneys for Nicholas Anderson.  In 2008, a jury found a poorly built guardrail on Raritan Avenue in Waterford worsened Anderson's injuries from a 2004 car accident. He was initially awarded $31 million but a judge lowered the amount to $19.4 million last year.

The reduced settlement figure of $15 million still represents one of the highest liability payouts ever for the county.

Attorney William Tambussi, who negotiated the settlement for the county, said post-judgement interest of nearly $3,000 a day has accrued.

Negotiations were protracted because the county's liability insurers refused to pay the original $31 million judgment, arguing the county did not properly handle Anderson's original liability suit.

The county filed a counterclaim, arguing the insurers should perform their duties by paying Anderson what he was owed.

Tambussi said the settlement had urgency because Anderson has significant medical needs and is living with his grandparents.

"Mr. Anderson's condition and position was a consideration in attempting to resolve this," Tambussi said. "The financial impact to the county was also a significant factor here.  The county's exposure was increasing because of the post-judgment interest."

As of the June 3 settlement date, the county owed $21 million. Now that free-holders have approved the settlement, Anderson will receive a lump sum payment of $15 million. The county plans to issue bonds to pay for the settlement.

Attorney John M. Dodig of Philadelphia-based Feldman Shepherd, represents Anderson, who was 18 at the time of the crash. "He is in desperate need of medical treatment," Dodig said. Anderson currently cannot pay for surgeries on the arm he nearly lost in the crash, Dodig added.

The county expressed confidence it would win its suit against insurer State National and Scibal, a firm hired to oversee Anderson's claim. The county contends it was not alerted to the fact that Anderson would have settled earlier at a much lower amount than was awarded. The insurer said it did not receive proper notices from the county about the progress of the claim.

Attorneys for the insurance firms could not be reached.

Anderson will receive an additional $2 million if the county wins a $10 million judgment from State National and Scibal. That amount would be $3 million for a $15 million judgment, and $5 million for a $20 million judgment.

The rest of any judgment sum would be regarded as recovery of the initial $15 million disbursement.