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Tobias v. Autore

Decided: January 8, 1982.

RUSSELL TOBIAS, PLAINTIFF,
v.
ANTHONY AUTORE, MICHAEL AUTORE, DANIEL C. PARNES AND COLDWAY FOOD EXPRESS, INC., A CORPORATION OF OHIO, WARREN OCHSE, FARMLAND FOODS, LAUREL HILL TRUCKING CORP., AND TESTERS CATERERS, D/B/A THE ELM ROOM, DEFENDANTS, AND CHARLES KROM AND ALTON KROM, PLAINTIFFS, V. DANIEL C. PARNES, GRIMALD PARNES TRUCKING, MICHAEL AUTORE, ANTHONY AUTORE, COLDWAY FOOD EXPRESS, INC., AN OHIO CORPORATION, WARREN OCHSE, FARMLAND FOODS, LAUREL HILL TRUCKING CORPORATION, TESTERS CATERERS, D/B/A THE ELM ROOM, AND JOHN DOE, DEFENDANTS



Simpson, A.j.s.c.

Simpson

This is an application under R. 1:21-7(f) for approval of an attorney's fee in excess of the contingent fee provided for in the retainer agreement. The retainer set forth the maximum percentages of recovery allowable pursuant to R. 1:21-7(c). Plaintiff Russell Tobias, born January 16, 1959, was an 18-year-old boy when he was severely injured in an automobile accident on September 17, 1977. He and another youth, Charles Krom, were passengers, and Krom was rendered a permanent paraplegic as a result of the accident. Plaintiff suffered permanent injuries to a leg, knee and arm, as well as traumatic brain injury. He is still undergoing psychiatric treatment, and personal injury protection (P.I.P.) benefit payments already total $72,915 for Tobias.

The Tobias case was settled for $175,000 cash "up front," plus "annuity" and "balloon" payments as follows:

1. $1,600 a month, beginning March 1, 1982, for the life of Tobias, with guaranteed payments for 20 years to his heirs or beneficiaries in the event he dies prior to March 1, 2002.

2. Balloon payments, guaranteed to be paid to Tobias or his heirs or beneficiaries if he dies prior to receiving all these cash payments, as follows:

March 1, 1987 $10,000

March 1, 1992 20,000

March 1, 1997 30,000

March 1, 2002 40,000

March 1, 2007 50,000

March 1, 2012 60,000

March 1, 2017 ...


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