The family of a frum woman who was fatally struck by a motorist while walking across a dark road in Jackson Township has just won an out-of-court financial settlement, FAA News has learned.
On February 27, 2022, Mrs. Sabrina Ben-porat, a therapist and social worker who worked at CHEMED, tragically passed away while walking across White Road near its intersection with Whitesville Road/ Route 527 in Jackson Township.
The police report indicates that at the time of the crash Mrs. Ben-porat was wearing a black coat, black dress and carrying a black pocketbook while wearing no reflective garments of any kind for safety. The report also indicates that there were numerous cars parked along the shoulders of the roadway due to a gathering at a nearby residence, and that this created blind spots to both the driver and pedestrian.
Importantly, the police report makes clear that on the evening of the accident, the utility light at this intersection was not working.
As previously reported here on FAA News, back in March 2023, represented by Attorney Abraham N. Milgraum Esq., her husband filed a formal lawsuit, naming as defendants, Township of Jackson, County of Ocean, JCP&L, as well as the driver.
The first count alleges that the driver "controlled, maintained and/or operated a motor vehicle in a careless, negligent and reckless manner and caused a serious automobile accident. As a result, the decedent was caused to suffer severe bodily injuries, which caused her death."
The second count alleges that "at all times relevant herein, the area of the subject incident was dangerously dark because a utility light in the area of the crash was not illuminated which was a substantial contributing factor to the subject incident. The defendants, Township of Jackson, County of Ocean, & JCP&L owned, operated, designed, constructed, maintained, managed, cared for, possessed and controlled the subject utility light. It then and there became the duty of the defendants aforementioned by and through their agents, servants and employees, to use reasonable care in the performance of their duties to maintain the subject utility light.
"Notwithstanding said duty, the defendants, by and through their agents, servants, and employees, carelessly, recklessly, and negligently caused and/or permitted the premises to be in a dangerous condition by acting in a palpably unreasonably manner by leaving an already poorly lit road with a non-working light making the road extremely dangerous for pedestrians.
"As a direct consequence of the Defendant’s actions or inactions, decedent, Sabrina Ben-Porat, was caused to be struck by a motor vehicle sustaining fatal injuries.
"The decedent’s familial survivors have suffered the loss of her companionship, advise, guidance, and counsel as well as pecuniary damages. Prior to her demise, the decedent also endured severe pain and suffering. Wherefore, Plaintiff, Eliezer Ben-porat, as the Administrator Ad Prosequendum of the Estate of Sabrina Ben-porat, demands judgment against the Defendants for all wrongful death and survivorship damages, together with interest and cost of suit," the suit concludes.
Mrs. Ben-porat's family has just won an out-of-court settlement, FAA News has learned. (Plus, the broken street light got fixed!)
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3 comments:
Lakewood has many non-working street lights.
Lakwood has no system in place for notifying JCP&L of the broken lights.
Lakewood contract does not have a time frame by when JCP&L must have it repaired.
They are alll guility.
Why can't the LPD report every non-working light?
Lakewood does have a system to report non-working street lights. the link is on the township website. https://www.lakewoodnj.gov/article/outage#:~:text=OR%20call%20(732)%20364%2D2500%20x7653%20(POLE).
writing comments that aren't true is not very helpful.
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