JAY'S AND DAMESEK ELIEZER SCHOOL BUS DRIVERS SETTLE LAWSUIT

Lakewood school bus drivers for Jay's Bus Service and Talmud Torah Damesek Eliezer have just settled a lawsuit, FAA News has learned.

On February 4, 2021, Moise P. Toussaint was driving a Jay's Bus Service school bus. He was travelling east on East County Line Road in Lakewood and made a right turn onto Tuscany Terrace.

At the time, Chaim Gleb was driving a school bus owned by Congregation Damesek Eliezer Inc. He was also traveling east bound on East County Line Road, directly behind the path of Toussaint, when he failed to observe Toussaint’s vehicle and caused the front of his vehicle to suddenly, violently and unexpectedly strike the rear of the Toussaint’s vehicle.

On December 28, 2022, Toussaint filed a lawsuit in New Jersey Superior Court in Ocean County.

According to the complaint filed by Freehold Attorney Scott D. Grossman, Esq. of The Grossman Law Firm, LLC:

At the aforesaid time and location, Gleb failed to properly maintain control of his vehicle thereby resulting in a sudden, unexpected impact between the buses.

The Defendant, Gleb, operated his vehicle in such a negligent manner as to cause the vehicle he was operating to collide with the vehicle operated by Plaintiff.

The negligent conduct of Defendant, Gleb, consisted inter alia, of the following:

(a) failing to make proper observations;

(b) failing to maintain proper control of her automobile;

(c) driving at an excessive and unsafe rate of speed;

(d) operating an automobile in violation of N.J.S.A. 39:4-97;

(e) being otherwise negligent and/or careless under the circumstances;

(f) such other acts of negligence and/or carelessness as may be revealed through discovery and/or at the time of Trial.

As a direct and proximate result of the Defendant’s negligence in causing the automobile collision, the Plaintiff was seriously and permanently injured, suffered and will in the future suffer great pain and mental anguish, was and will in the future be prevented from engaging in his usual pursuits and occupations, and was and will in the future be required to expend substantial sums of money for medical treatment in an effort to effect a cure for his said injuries.

The complaint seeks judgment against Gleb for damages, together with interest and costs of suit.

The complaint also names as defendants Congregation Damesek Eliezer, because, upon information and belief, at the time of the subject motor vehicle collision, Gleb was an agent, servant and/or an employee of Congregation Damesek Eliezer, acting within the course and scope of his employment.

Pursuant to the legal doctrine of Respondeat Superior, Congregation Damesek Eliezer is legally responsible for the negligent acts of its agent, servant and/or employee while performing his work-related duties.

The injuries, harm, and damages were incurred by the Plaintiff as a direct and proximate result of the negligent operation of said bus by Gleb, which, because of inexperience and/or prior actions, Congregation Damesek Eliezer knew, or reasonably should have known, was likely to pose an unreasonable risk of harm to others, such as Plaintiff.

Congregation Damesek Eliezer, as the employer of Gleb, possessed legal authority to permit and/or prohibit the use of said bus by Gleb.

As a direct and proximate result of Congregation Damesek Eliezer’s negligent hiring, retaining and/or failing to provide adequate safety training to its employee, Gleb, who operated the bus for the business pursuits of Congregation Damesek Eliezer in a negligent manner, Plaintiff was caused to suffer injuries, damages and harm.

Accordingly, the complaint also demands judgment against Congregation Damesek Eliezer for damages, together with interest and costs of suit.

Chaim Gleb and Congregation Damesek Eliezer are represented by Jersey City Attorney Richard Greenhaus, Esq. of MacDonald & Herforth.

The parties have now reached an out-of-court settlement, and the lawsuit is now withdrawn with prejudice, FAA News has learned.

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