In 1999, Daniel Lanzaro was driving home from a Giants game when he swerved into oncoming traffic and hit a car being driven by Ronald Verni. His wife, Fazila Verni, and their two-year-old daughter, Antonia, who were in the backseat, were seriously injured. Fazila went into a coma and later needed a metal rod inserted into her leg and reconstructive facial surgery. Antonia, now nine years old, has been a quadriplegic ever since the incident.
A police report later revealed that Lanzaro's blood-alcohol level was 0.266, more than twice the legal limit. [1]
Lanzaro pled guilty to vehicular assault and is serving a five-year prison sentence, but it was the lawsuit filed by the Verni family that sparked national attention when a $105 million judgment was awarded against Aramark Corporation and related entities that operate the beverage concessions, not only at the Meadowlands , but at some 350 sports venues on three continents.
The Washington Post, Wall Street Journal, New York Times, Chicago Tribune, Houston Chronicle, San Francisco Chronicle, New York Post, and USA Today all ran damning stories on the "culture of intoxication" which pervades our nation's ballparks and sports arenas. While the Vernis' attorney, David Mazie, noted that the verdict "sends an appropriate message, and hopefully will make a difference at arenas across the country."
Aramark appealed to the Appellate Division of the New Jersey Superior Court which reversed and ordered a new trial. Central to its decision was the finding that "the trial judge allowed a plethora of references to the drinking environment … at the stadium that were not relevant."
Prior to the trial's commencement, the Superior Court judge had reserved decision on Aramark 's motion to determine the applicability of the Beverage Server Act ("BSA"), a law which would have limited plaintiffs' proof to whether Lanzaro had been served while he was visibly intoxicated (as compared to a common law action for negligence, for which the evidentiary standard is considerably lower).
On the third day of trial, the court determined that the BSA applied to the case but, at that point, highly prejudicial evidence of the drinking environment at the stadium had already been presented to the jury. Furthermore, no limiting instruction had been given at the close of trial to control the effect of the wrongfully presented information.
Interestingly, before the remanded case could make it to trial, the Superior Court had the file sealed. On the Vernis' attorney's website, posted below an article on the $105 million verdict, one finds the following statement:
A party requesting that a public record be sealed must show that "a clearly defined and serious injury will ensue if the request is denied." Broad allegations of harm will not suffice and any alleged injuries must be substantiated. The mere fact that the parties have reached a settlement will not serve to exempt the document from disclosure. (The public's right of access to public documents filed with the court cannot be negotiated away by private litigants.)
In this particular case, much of the information had already been publicly revealed. And, in a memorandum submitted in support of its motion to unseal the record, Public Citizen , a non-profit public advocacy group, has argued that a balancing test should be utilized and filings not subject to seal when any sensitive data can be readily redacted. At bare minimum, Public Citizen asserts that the court should have provided an explanation for its actions. As correctly noted in its brief :
Courts should not make decisions about the fairness of settlements without public oversight, and the public cannot judge the fairness of a settlement — or of the court's decision approving the settlement — if they cannot see it.
Far be it for us to suggest anything unsavory here, but the best way to make sure something doesn't stink … is to let it air.
To download a copy of the (N.J.) Appellate Division's decision, please use this link: Verni v. Stevens
[1] Lanzaro acknowledged that while he was at the stadium he had imbibed as many as seven, 16-ounce beers (in addition to having consumed beer beforehand at a tailgating party).