An Elmwood Village resident has just received an out-of-court settlement from Lakewood Cheder School after serving them with a personal injury lawsuit, FAA News has learned.
According to the complaint, filed in Ocean County Superior Court by Hasbrouck Heights Attorney Neil S. Weiner, Esq., the Plaintiff is an independent contractor who on occasion worked at the school.
On December 13, 2021, while a commercial invitee legally present and walking on the property, the Plaintiff tripped and fell due to a dangerous condition and as a consequence "sustained serious and permanent injuries," the complaint alleges.
The complaint asserts that Lakewood Cheder School knew or should have known of the dangerous conditions at issue before the time of the incident, owed the Plaintiff a duty of care to maintain its commercial property in a safe condition; to inspect their property for any dangerous condition; to remedy any dangerous condition and to warn them of any dangerous condition, and further that they breached the above cited duties of care and are therefore negligent.
"As a proximate cause of the negligence of Defendant, Lakewood Cheder School, the Plaintiff sustained severe and permanent injuries; suffered and will in the future suffer great pain; was required to obtain medical attention and treatment; incurred and will incur medical bills; suffered a permanent disability and a loss of enjoyment of life and was prevented from engaging in their normal activities and pursuits.
"Wherefore, the Plaintiff demands judgment against Defendant Lakewood Cheder School for damages, together with interest and cost of suit," the suit concludes.
The parties just agreed to settle the litigation with an out-of-court settlement.
Lakewood Cheder School was represented by Nicholas Buttafuoco Esq.
Lakewood Cheder is currently still involved in another personal injury case, public records show.
According to the complaint, filed in Essex County Superior Court by Newark Attorney Joseph A. Reardon III, Esq., in December 2021, a laborer working on behalf of A.M. Safety Construction, Inc at the Bais Faiga Gratter Building was injured in the course of his work.
The lawsuit names as Defendants Lakewood Cheder School, Farmingdale-based L&L Paving Company, Lakewood-based AP Electric Technologies, Perfect Concrete Construction, and Ari Insurance Company.
These companies "contracted with Lakewood Cheder School to perform construction services on the site and were otherwise responsible for construction work performed on the site, safety oversight on the site, the coordination, supervision and management of the site and responsible for hiring competent subcontractors to work on the site.
"Defendants owed a duty to provide the plaintiff with a reasonably safe and in compliance with all regulations and standards - place in which to work, as well as to supervise, direct, and control the work site so as to prevent plaintiff and other workers from being subjected to dangerous and hazardous work conditions and to warn plaintiff and other workers of the existence of dangerous and hazardous conditions.
"Additionally, each defendant contracting with companies to work on the site had a duty to investigate the background of companies it hired and have an understanding of each hired company’s safety history, as well as to investigate and have an understanding of the safety policies and procedures hired companies planned to implement on the jobsite.
"As a direct and proximate result of the negligence of the defendants as aforesaid, the Plaintiff was caused to sustain severe and permanent personal injuries with extreme pain and suffering, requiring medical attention and treatment, rendering him disabled and impaired and preventing him from engaging in normal activities and pursuits, which injuries will in the future cause him pain and suffering, will require medical attention and treatment and cause him future disability and impairment," the complaint alleges.
"Defendants each breached duties owed to plaintiff and were negligent in failing to provide the plaintiff with a reasonably safe place in which to work and instead created and maintained a dangerous and hazardous condition at the site.
"Wherefore, Plaintiff demands damages, jointly and severally, interest and costs of this action against all the defendants," the suit concludes.
This litigation has been very contentious and remains pending.
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