Ocean County taxpayers will remain on the hook for a massive lawsuit alleging the Township of Lakewood and the County of Ocean are liable for a pedestrian crash due to their negligent failure to maintain the crosswalk marking, a judge just ruled.
As previously reported here on FAA News, back in June 2024, the Township of Lakewood and the County of Ocean were slammed with a civil lawsuit alleging they are liable for a pedestrian crash due to their negligent failure to maintain the crosswalk marking.
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.
As previously reported here on FAA News, Township Attorney Michael S. Nagurka Esq. filed a motion to dismiss the Township from the litigation based on one phenomenal claim: That according to Tony Arrechi, the Township's Chief Project Coordinator, "there has never been a painted crosswalk at the location where the plaintiff was struck," therefore the Township can't possibly have "negligently maintained, repaired and inspected the crosswalk."
An unfazed Ocean County Superior Court Judge James Den Uyl rejected this argument after being shown this cool thing called Google Maps which proves otherwise.
This time it was Ocean County’s turn up at bat.
Attorney Mary Lidaka Esq. argued that the County never installed any crosswalk at the location.
This claim was all the plaintiff's attorney to argue right back, "the Township and County engineers are making competing arguments each claiming the other one is liable. We need to allow the case to proceed to discovery so we can properly flesh this all out."
Judge Den Uyl agreed, and denied Ocean County’s motion for summary judgment, allowing the case to proceed.
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2 comments:
This must have been the first time anyone has ever walked at the crosswalk therefore the judge is correct and allowing it to proceed
Lucas Brothers did the repaving job on Central Like 15 years ago - Was it in the county plans to make crosswalks or they made them on their own? I'm sure the plans can be found somewhere...
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