A Toms River grade school teacher who was injured when an ATV upon which she was riding flipped over, agreed to settle her claims against the homeowners and driver of the ATV – both fellow teachers – for $745,000.
Lynn Brattan, an elementary school teacher in the Toms River Regional school district, sued fellow TRRS teachers Ana and William Wilbert after attending an end of school year cookout at the Wilberts' home.
According to a statement from Samuel J. Vacchiano of Maggs & McDermott, the Brielle-based law office that represented Brattan, as the cookout was coming to an end, Ana Wilbert offered to drive Brattan and two other unidentified teachers on the back of an ATV the family owned. The lawsuit claimed that at one point during the ride, Ana Wilbert suddenly jerked the wheel of the ATV over a mound of dirt causing it to tip over, seriously injuring Brattan, who was transported to Jersey Shore University Medical Center for serious stomach injuries.
The suit also claimed Brattan underwent emergency surgery for injuries to her abdomen, which required two surgical procedures to repair. She still suffers from stomach pain, dietary restrictions and abdominal scarring, according to Vacchiano.
The two parties agreed to mediate the matter, ultimately resulting in the $745,000 settlement, Vacchiano said.
James Maggs, another attorney with the firm, said ATVs are often "considered a toy" but can come with legal consequences. In 2009, he said, there were over 765 deaths arising out of ATV accidents in the United States, and over 131,000 emergency room visits for ATV-related injuries.
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