The Township of Lakewood and the County of Ocean are facing legal action after having been slammed with a civil lawsuit alleging they are liable for a pedestrian crash due to their negligent failure to maintain the crosswalk marking, FAA News has learned.
According to the complaint filed in New Jersey Superior Court in Ocean County by Englishtown Attorney Gary S. Shapiro Esq.:
On June 15, 2022, at 8:53am, then-Lakewood resident Maria Gladis Diaz Zavaleta was a pedestrian, lawfully crossing the street on Regent Drive at Central Avenue when she was struck by a driver who failed to yield to her.
At all relevant times, the Defendants Township of Lakewood and Ocean County, and their respective agents, servants and/or employees, owned, operated, controlled, patrolled and/or maintained the premises.
At the aforesaid time and place, Defendants Township of Lakewood and Ocean County and their respective agents, servants, and/or employees failed to maintain the crosswalk marking and were otherwise careless, reckless and negligent, so as to cause the collision.
At the aforesaid time and place, Defendants Township of Lakewood and Ocean County, by their respective or collective acts and/or omissions, were careless, negligent, and reckless inter alia in carelessly and negligently maintaining, repairing, and/or inspecting the crosswalk located at Regent Drive and Central Avenue.
As a direct and proximate result of the carelessness and negligence, the Plaintiff has been caused to sustain painful, disabling, severe and permanent bodily injuries that have not healed to normal functioning despite reasonable and necessary medical treatment and will not heal to normal functioning with future medical treatment, as well as the consequences of a violent shocking to her nervous system, which have continued to the present and which will in the future so continue, with concomitant pain, suffering, severe emotional distress, and hedonic damages of a substantial and permanent nature, and to incur significant medical expenses which she will continue to incur with the possibility of future surgery, and to incur the loss of past, present, and future income for which the Defendants should be held liable.
As a direct and proximate result of the carelessness and negligence of the Defendants aforesaid, the Plaintiff sustained bodily injury that is permanent, has not healed to function normally and will not heal to function normally with further medical treatment.
The suit demands judgment against the Township and County jointly, severally and individually, for compensatory damages, interest, attorney fees, costs of suit, and any other remedy deemed fair and just by the Court.
The complaint demands a trial by jury.
Since the car crash, Ms. Diaz Zavaleta has relocated from Lakewood to Toms River.
The Township and County have 35 to respond to the lawsuit.
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1 comment:
And of course the tax payers will fund the legal bills for the defense
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