Little Egg Harbor resident Olivia Jastrzembsk is alleging that Earle Asphalt Company, a contractor of many Lakewood road projects, did not reinstall her mailbox properly, causing her "permanent disabilities" when she unwittingly attempted to retrieve her mail.
According to the complaint, filed in New Jersey Superior Court in Ocean County by Atlantic City Attorney Robert A. Stacchini, Esq :
Olivia Jastrzembsk resides on West Mohawk Drive in Little Egg Harbor Township.
On November 18, 2021, Earle Asphalt Company was engaged in a roadway reconstruction and storm drainage replacement project (hereinafter “the Project”) on West Mohawk Drive.
The Project was to include, among other things, removing and replacing the street surface and curbing along the street. The Project also included the removal and re-installation of any mailboxes that were located within the construction zone on West Mohawk Drive.
Jastrzembsk's house was within the construction zone.
Prior to the Project, Jastrzembsk's mailbox was firmly cemented into the ground. However, the mailbox had been removed from the ground during the Project to allow the replacement of the adjacent curb.
On November 18, 2021, Jastrzembsk left her house while the contractors were working on the Project. While she was out, they re-installed her mailbox. Unbeknownst to her, however, they did not secure the base of the mailbox as it was prior to the Project. Also, the contractors did not warn her that the mailbox base was not secured into the ground.
When she returned home, Jastrzembsk attempted to retrieve her mail from her mailbox located on the curb. However, she was not able to access her mailbox from the street due to the construction conditions. Rather, she was forced to retrieve her mail by standing on her front lawn and opening the mailbox while standing behind it and opening it from behind.
As she did so, the mailbox shifted forward because it was not firmly secured into the ground. The defective re-installation of her mailbox caused her to fall onto the street and sustain severe and painful bodily injuries which necessitated obtaining medical treatment.
She was caused pain and suffering; was incapacitated from pursuing usual activities; and is left with permanent disabilities.
Earle Asphalt Company negligently installed and/or repaired and/or maintained the aforementioned mailbox, leaving it unsecured in the ground, causing Jastrzembsk to violently fall and sustain severe and permanent injuries.
At the time of the incident, Earle Asphalt Company had the duty to supervise and maintain said property to avoid injury to Jastrzembsk. They also had the duty to warn her of any potentially hazardous conditions then and there existing.
Earle Asphalt Company was negligent in breaching their duty to Jastrzembsk to use ordinary care and diligence to design, build, keep, and maintain the premises in a condition reasonably safe for its intended uses, free of all defects and conditions which would render it dangerous and unsafe for Jastrzembsk or present an unreasonable risk of harm to her in the use of said premises.
As a direct and proximate result of the carelessness and/or negligence of Earle Asphalt Company, Jastrzembsk was injured in and about her mind and body; was and will in the future be caused great pain and suffering to her mind and body; was and will in the future be obliged to expend great sums of money for medical aid and attention; and was and will in the future be unable to attend to her usual pursuits and occupations.
The suit demands Judgment against Earle Asphalt Company, for damages together with interest, attorney’s fees, costs of suit and such other relief as the Court may deem just and equitable.
The defendants have 35 days to answer the complaint.
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2 comments:
People are so bored these days lol
@001 People are also incompetent and lazy. Incompetence has consequences. It's not about being board. people are sick of dealing with the bullshit that has become standard today.
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