A lawsuit alleges that a pedestrians' fall which caused her to "sustain serious, severe and permanent injury" resulted due to Jackson Township, Ocean County, and Meco, Inc. "maintaining a roadway adjacent to the curb, in a negligent, careless and reckless manner."
Meco's attorneys are now seeking to get the case dismissed for failure to produce discovery.
According to the complaint which was filed on June 28, 2023 by Staten Island Attorney Glen Devora, Esq.:
On July 19, 2021, Toms River resident Gloria Stravelli was a pedestrian adjacent to 252 Clearstream Road, located near the corner of Clearstream Road and Brewery Bridge Road.
The property located at the corner of Brewery Bridge Road and Clearstream Road, adjacent to 252 Clearstream Roaad is owned, managed and maintained by Jackson Township Department of Public Works, Ocean County Engineering Department, and Meco, Inc.
These parties owned, operated, maintained and/or controlled the premises, including the roadway adjacent to the curb, in a negligent, careless and reckless manner creating foreseeable and dangerous conditions and activities on the premises, causing Stravelli to fall and sustain serious, severe and permanent injury.
The fall and resulting injuries were caused by the negligence of the entities and their representatives in the ownership, operation, management, maintenance and control of the aforesaid premises; in causing, permitting and/or allowing said premises at the aforementioned location to be, become and remain in a dangerous and hazardous condition, constituting a trap, nuisance and hazard and in the action taken to protect against said dangerous condition, or the failure to take such action, was palpably unreasonable.
As a direct result of the negligence of the above name entities, Stravelli was injured, has incurred and in the future with incur expenses for treatment of injuries, has been disabled and in the future will be caused great pain and suffering, to their great loss and damage and has lost time from their usual occupation.
The suit demands judgment against the Township, the County, and Meco, Inc for damages, together with interest, attorney’s fees, costs of suit, and any other relief the Court deems just.
On August 24, 2023, Meco filed an answer denying all allegations. The answer also requested that Plaintiff respond to Form A interrogatories.
On September 21, 2023, Meco served supplemental discovery requests to the Plaintiff.
On November 8, 2023, after not receiving discovery responses from the plaintiff, Meco sent her a follow up request to the plaintiff to serve her discovery responses within 10 days to avoid the filing of a motion.
To date, Meco has still not received the plaintiff’s responses to Form A interrogatories or Defendant’s supplemental discovery demands.
Accordingly, Attorney Amy E. Robinson Esq. of O’Toole Scrivo, LLC have filed a motion seeking dismissal of the complaint, without prejudice, for failure to make discovery.
The motion is returnable before Judge Valter H. Must this Friday, January 5, 2024.
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