ELMWOOD VILLAGE RESIDENT SERVES LAKEWOOD CHEDER SCHOOL PERSONAL INJURY LAWSUIT

An Elmwood Village resident has recently slammed Lakewood Cheder School with a personal injury lawsuit, FAA News has learned.

According to the complaint, filed in Ocean County Superior Court by Hasbrouck Heights Attorney Neil S. Weiner, Esq., the Plaintiff is an independent contractor who on occasion worked at the school.

On December 13, 2021, while a commercial invitee legally present and walking on the property, the Plaintiff tripped and fell due to a dangerous condition and as a consequence "sustained serious and permanent injuries," the complaint alleges.

The complaint asserts that Lakewood Cheder School knew or should have known of the dangerous conditions at issue before the time of the incident, owed the Plaintiff a duty of care to maintain its commercial property in a safe condition; to inspect their property for any dangerous condition; to remedy any dangerous condition and to warn them of any dangerous condition, and further that they breached the above cited duties of care and are therefore negligent.

"As a proximate cause of the negligence of Defendant, Lakewood Cheder School, the Plaintiff sustained severe and permanent injuries; suffered and will in the future suffer great pain; was required to obtain medical attention and treatment; incurred and will incur medical bills; suffered a permanent disability and a loss of enjoyment of life and was prevented from engaging in their normal activities and pursuits.

"Wherefore, the Plaintiff demands judgment against Defendant Lakewood Cheder School for damages, together with interest and cost of suit," the suit concludes.

Lakewood Cheder School has not yet filed an Answer to the Complaint.

Lakewood Cheder is currently also involved in another personal injury case, public records show.

According to the complaint, filed in Essex County Superior Court by Newark Attorney Joseph A. Reardon III, Esq., in December 2021, a laborer working on behalf of A.M. Safety Construction, Inc at the Bais Faiga Gratter Building was injured in the course of his work.

The lawsuit names as Defendants Lakewood Cheder School, Farmingdale-based L&L Paving Company, Lakewood-based AP Electric Technologies, Perfect Concrete Construction, and Ari Insurance Company.

These companies "contracted with Lakewood Cheder School to perform construction services on the site and were otherwise responsible for construction work performed on the site, safety oversight on the site, the coordination, supervision and management of the site and responsible for hiring competent subcontractors to work on the site.

"Defendants owed a duty to provide the plaintiff with a reasonably safe and in compliance with all regulations and standards - place in which to work, as well as to supervise, direct, and control the work site so as to prevent plaintiff and other workers from being subjected to dangerous and hazardous work conditions and to warn plaintiff and other workers of the existence of dangerous and hazardous conditions. 

"Additionally, each defendant contracting with companies to work on the site had a duty to investigate the background of companies it hired and have an understanding of each hired company’s safety history, as well as to investigate and have an understanding of the safety policies and procedures hired companies planned to implement on the jobsite.

"As a direct and proximate result of the negligence of the defendants as aforesaid, the Plaintiff was caused to sustain severe and permanent personal injuries with extreme pain and suffering, requiring medical attention and treatment, rendering him disabled and impaired and preventing him from engaging in normal activities and pursuits, which injuries will in the future cause him pain and suffering, will require medical attention and treatment and cause him future disability and impairment," the complaint alleges.

"Defendants each breached duties owed to plaintiff and were negligent in failing to provide the plaintiff with a reasonably safe place in which to work and instead created and maintained a dangerous and hazardous condition at the site. 

"Wherefore, Plaintiff demands damages, jointly and severally, interest and costs of this action against all the defendants," the suit concludes.

On January 3, 2023, Red Bank Attorney Dorine Sirota, Esq. representing A.M. Safety Construction, Inc. filed an Answer stating "if there are any claims against A.M. Safety Construction, Inc., which it denies, A.M. Safety Construction, Inc.  alleges that this action is barred, wholly or in part, by the contributing, concurring, intervening, or superseding negligence of persons or entities other than A.M. Safety Construction, Inc."

Their Answer also includes a Cross-Claim which alleges:

While denying liability for the damages alleged, if judgment is recovered by Plaintiff against A.M. Safety Construction, Inc., it is hereby asserted that his negligence, if any, was not morally culpable, but was merely constructive, technical, imputed or vicarious, and that Plaintiff’s damages arose through the direct and primary negligence of co-defendants. 

Accordingly, said co-defendants are obligated by operation of law and contract and otherwise to indemnify A.M. Safety Construction, Inc. and hold it harmless from any or all claims which are the subject of this lawsuit. 

Wherefore, A.M. Safety Construction, Inc. demands judgment against co-defendants and indemnification from said co-defendants for all sums as may be found due against them in favor of Plaintiff. 

On January 23, 2023, New Brunswick Attorney John C. Simons, Esq. representing Lakewood Cheder School filed their own Cross-Claim, asserting that "although Defendant Lakewood Cheder School denies any liability whatsoever, it nonetheless asserts that any and all injuries and damages sustained by Plaintiff were the proximate result of the negligence of Co-Defendants L&L Paving Company; AP Electric Technologies; A.M. Safety Construction, Inc.; Ari Insurance Company and Perfect Concrete Construction and demands contribution pursuant to the Joint Tortfeasors Contribution Act and the Comparative Negligence Act of New Jersey from Co-Defendants L&L Paving Company; AP Electric Technologies; A.M. Safety Construction, Inc.; Ari Insurance Company and Perfect Concrete Construction for the proportionate share of any and all sums that may be adjudged against this Defendant in this action."

Judge Keith E. Lynott has just scheduled a trial on this matter for Tuesday, May 16, 2023.

To join a FAA WhatsApp Group, click here.

To join the FAA WhatsApp Status, click here.