Back in May 2022, a marked Toms River Township Police vehicle struck a pedestrian in the area of Fischer Boulevard and Adams Avenue. At the time, authorities alleged he was intoxicated, wearing dark clothes, and crossing outside the designated crosswalk at the time he was struck.
Represented by Teaneck Attorney Adam B. Lederman, Esq., the pedestrian, William Carberry, has just filed a lawsuit in Ocean County Superior Court alleging that the police officer was "inattentive, negligent, careless, and reckless," and that resulted in severe and permanent injuries to the Plaintiff.
“Initial evidence indicates that Mr. Carberry was wearing dark clothing, appeared to be under the influence of alcohol and was crossing outside the designated crosswalk at the time he was struck,” Prosecutor Billhimer stated at the time of the crash.
Mr. Carberry was originally transported to Community Medical Center in Toms River, but then flown to Jersey Shore University Medical Center in Neptune for treatment of his injuries.
The lawsuit, which demands a Jury Trial, (and fails to mention whether or not Mr. Carberry was indeed intoxicated) alleges:
The police officer operated the vehicle in an inattentive, negligent, careless, and reckless fashion, resulting in severe and permanent injuries to the Plaintiff.
As a direct and proximate result of the aforesaid inattentiveness, negligence, carelessness, and recklessness in the operation, maintenance, ownership, control and/or entrustment of the Defendants, the Plaintiff was violently struck and was caused to suffer severe and permanent injuries to multiple parts of his body, did suffer and will in the future continue to suffer great pain and anguish; was caused to seek and will in the future be caused to seek medical and hospital treatment; was caused to expend or incur and will in the future be caused to expend or incur monies in an effort to treat his injuries; was caused to lose time from and will in the future be caused to lose time from his usual and customary activities, pursuits and occupations; was caused to suffer permanent injuries and was otherwise caused to suffer injuries and damages.
The lawsuit names as Defendants the Township of Toms River, the Toms River Police Department, County of Ocean, and State of New Jersey, as well as the police officer, and seeks to collect from them "individually, jointly, or severally for damages, together with interest and costs of suit."
All parties have 35 days once served to file an Answer to the Complaint.
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