Ocean County taxpayers will remain on the hook for a lawsuit alleging the County's "caused a road condition to become dangerous which created a reasonably foreseeable risk for a driver to not have adequate visibility and caused serious injuries," a judge has just ruled.
According to the complaint filed in New Jersey Superior Court in Ocean County by New Brunswick Attorney J. Silvio Mascolo, Esq.:
On October 17, 2023, Plaintiff, Jillian Ferrantino-Dietz was operating a motor vehicle on County Road 526 (West Commodore Boulevard).
Defendant Ramona Estrin was operating a motor vehicle on Diamond Road at the intersection with County Road 526. Estrin failed to obey a traffic control devise, properly control her vehicle and make necessary observations and struck Plaintiff’s vehicle.
County Road 526 is owned and maintained by the County of Ocean. Diamond Road is owned and maintained by the Township of Jackson.
The County and Township were responsible for the repair and/or maintenance of their respective roads and to keep their roadways in good condition, free of sight obstructions and with adequate visibility for drivers.
The County and Township caused a condition of their property to become a dangerous condition which created a reasonably foreseeable risk for a driver to not have adequate visibility and cause the kind of serious injuries which occurred.
The County and Township acted in a negligent, careless, and reckless manner by failing to inspect, failing to discover, repair and/or warn of known dangerous conditions that existed on their roadways.
As a direct and proximate result of the acts/omissions of the County and Township, Plaintiff has suffered severe and permanent bodily injuries for which she has obtained medical treatment and incurred medical expenses and which have caused her great pain and suffering, incapacitated her from pursuing usual activities and left her with permanent disabilities that will in the future similarly incapacitate her, cause her pain and suffering, and require medical attention.
The suit demands judgment against the County and Township for damages in an amount sufficient to compensate her for her injuries together with interest, costs of suit and other remedies.
Ocean County, represented by Toms River Attorney Mary Jane Lidaka, filed a motion for dismissal.
"Other than stating that the County owns the roadway, the complaint fails to describe any dangerous condition of the roadway. Significantly, the complaint does not identify or describe any physical defect of the roadway that would constitute a dangerous condition within the meaning of the Tort Claims Act... The actual physical condition of West Commodore Boulevard did not, in and of itself, create a dangerous condition when used with due care. Any sight obstructions adjacent to the County roadways does not constitute a dangerous condition of the public property.... Ms. Estrin’s alleged negligent operation of her motor vehicle caused the subject accident.," the motion asserts.
The Plaintiff’s attorney opposed the motion, arguing:
Plaintiff here does not and will not claim that Estrin could not see the stop sign on Diamond Road. Here, Plaintiff pleads that the County caused a condition of its property to become a dangerous condition which created a reasonably foreseeable risk for a driver to not have adequate visibility and cause the kind of serious injuries which occurred.
For context, Estrin proceeded from the stop sign on Diamond Road to turn left onto County Route 526, which is owned or maintained by the County. From the stop line, Estrin may not have been able to see Plaintiff because of the vegetation that existed on County Route 526, providing a great risk to all drivers travelling upon the County Road. These limited facts need to be explored during discovery. Thus, immunity cannot attach at this stage due to the questions of fact that will only be ameliorated through discovery.
Discovery will further reveal whether the County had actual, constructive, or no notice of sightline visibility issues due to vegetation.
Ocean County Superior Court Judge James Den Uyl has just agreed with the plaintiff and denied the County's motion for dismissal.
"Defendants Ocean County Road Department and/or Ocean County, through their agents, servants, employees and/or representatives, caused a condition of its property to become a dangerous condition which created a reasonably foreseeable risk for a driver to not have adequate visibility and cause the kind of serious injuries which occurred sufficiently meets the pleading standard under Printing Mart-Morristown v. Sharp Electronics Corp. 116 N.J. 739,746 (1989)," wrote Den Uyl.
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