On June 13, 2023 a
Jury Demand
was filed
involving a dispute between
Rajeeah L Jones,
and
Abc Corp 1-10,
Brock K Barberi,
Edward J Barberi,
John Doe 1-10,
Personal Service Insurance,
for Auto Negligence-Personal Injury (Verbal Threshold)
in the District Court of Essex County.
Preview
ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 1 of 4 Trans ID: LCV20232046654
LAW OFFICES OF FRANCIS D. MACKIN
By: Gina M. Graham
NJ Attorney ID No.: 025522002
325 Columbia Turnpike, Suite 105
Florham Park, NJ 07932
(973) 443-9100
Attorney for Defendants
BROCK K. BARBERI and EDWARD J. BARBERI
SUPERIOR COURT OF NEW JERSEY
RAJEEAH L. JONES LAW DIVISION
ESSEX COUNTY
Plaintiff(s)
vs. DOCKET NO: ESX-L-003767-23
BROCK K. BARBERI, EDWARD J.
BARBERI, PERSONAL SERVICE
INSURANCE COMPANY, JOHN DOE 1-
10 AND ABC CORP. 1-10 (NAMES
BEING FICTITIOUS AS TRUE
IDENTITIES ARE UNKNOWN AT THIS
TIME)
ANSWER, SEPARATE DEFENSES,
Defendant(s) DEMAND FOR TRIAL BY JURY,
DESIGNATION OF TRIAL
COUNSEL
Defendants, BROCK K. BARBERI and EDWARD J. BARBERI, residing at 4
WINDERMERE DR, LUMBERTON, New Jersey, by way of Answer to the Complaint, say(s):
FIRST COUNT
1. Answering defendants have insufficient knowledge or information to form a belief as to
the truth of the allegations contained in this paragraph of the Complaint, and said
allegations are therefore denied.
2. Admitted.
3. Denied.
4. Denied.
5. Denied.
ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 2 of 4 Trans ID: LCV20232046654
WHEREFORE, answering defendants deny liability to the plaintiff in any sum
whatsoever.
SECOND COUNT
1. Answering defendants’ response(s) to the previous Count(s) of the Complaint are
incorporated herein and made a part hereof as if set forth at length.
2. These allegations are not directed toward answering defendants and therefore no response
is required thereto. To the extent that any of these allegations are directed toward
answering defendants, said allegations are denied.
3. These allegations are not directed toward answering defendants and therefore no response
is required thereto. To the extent that any of these allegations are directed toward
answering defendants, said allegations are denied.
3. (misnumbered in original) These allegations are not directed toward answering
defendants and therefore no response is required thereto. To the extent that any of these
allegations are directed toward answering defendants, said allegations are denied.
WHEREFORE, answering defendants deny liability to the plaintiff in any sum
whatsoever.
SEPARATE DEFENSES
1. Answering Defendants were not negligent.
2. Answering Defendants performed each and every duty which was owed to the Plaintiff if
any, or to any other person.
3. The accident was caused solely by the acts or omissions of some other person or party
over whom answering Defendants had no control or right of control.
ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 3 of 4 Trans ID: LCV20232046654
4. The damages alleged are not the result of the accident which is the subject of plaintiff's
Complaint.
5. Answering Defendants are immune from tort liability as plaintiff's claims are barred by
the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq.
6. The Complaint fails to state a claim upon which relief can be granted.
7. The plaintiff is guilty of negligence which contributed to the alleged damages, and is,
therefore, barred from recovery or subject to having the same diminished in accordance
with the New Jersey Comparative Negligence Act and the New Jersey Joint Tortfeasors
Contribution Act.
8. Plaintiff's claims are not cognizable by a jury unless and until there is a finding of: (1)
compliance with N.J.S.A. 39:6A-1 et seq.; and (2) inapplicability of the tort exemption to
plaintiff's claim.
9. Plaintiff was negligent in failing to wear a seatbelt, the non-use of which was the sole or a
substantial contributing factor to the cause of the accident and/or injuries alleged.
10. Plaintiff's claims are barred and/or subject to reduction by application of the Collateral
Source Rule.
11. At the time of the accident, defendant BROCK K. BARBERI was not acting as the agent,
servant or employee of defendant EDWARD J. BARBERI.
12. Venue is not proper in this County.
ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 4 of 4 Trans ID: LCV20232046654
DEMAND FOR TRIAL BY JURY
PLEASE TAKE NOTICE that answering Defendants hereby demand(s) a trial by jury on
all issues.
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that pursuant to Rule 4:25-4, Gina M. Graham is designated as
trial counsel.
REQUEST FOR COPIES OF PLEADINGS AND ANSWERED INTERROGATORIES
Pursuant to Rules 1:5-1(a) and 4:17-4(c) each party serving pleadings and interrogatories
and receiving answers thereto is requested to serve upon the undersigned attorney copies of
same. This request is deemed to be continuing.
DEMAND FOR COPIES OF DOCUMENTS REFERRED TO IN PLEADINGS
Pursuant to Rule 4:18-2 the undersigned attorney demands within five (5) days after
service hereof a copy of any document or paper referred to in the Complaint.
CERTIFICATION PURSUANT TO R. 4:5-1
I certify that the matter in controversy is not the subject of any other court action or
arbitration proceeding, now pending or contemplated, and that no other parties should be joined
in this action.
CERTIFICATION PURSUANT TO R. 4:6-1
I, Gina M. Graham, hereby certify that a copy of the within pleading was served upon
opposing counsel within the time prescribed by Rule 4:6-1.
Dated: July 10, 2023
Gina M. Graham
ESX-L-003767-23 07/10/2023
ESX-L-003767-23 07/10/20233:50:57
3:50:51PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV20232046654
LCV20232046654
Civil Case Information Statement
Case Details: ESSEX | Civil Part Docket# L-003767-23
Case Caption: JONES RAJEEAH VS BARBERI BROCK Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
Case Initiation Date: 06/13/2023 THRESHOLD)
Attorney Name: GINA M GRAHAM Document Type: Answer W/Jury Demand
Firm Name: USAA Jury Demand: YES - 6 JURORS
Address: 325 COLUMBIA TPKE SUITE 105 Is this a professional malpractice case? NO
FLORHAM PARK NJ 079321220 Related cases pending: NO
Phone: 9734439100 If yes, list docket numbers:
Name of Party: DEFENDANT : BARBERI, BROCK, K Do you anticipate adding any parties (arising out of same
Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO
(if known): USAA Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: RAJEEAH L JONES? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
07/10/2023 /s/ GINA M GRAHAM
Dated Signed
Document Filed Date
July 10, 2023
Case Filing Date
June 13, 2023
Category
Auto Negligence-Personal Injury (Verbal Threshold)
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Preview
ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 1 of 4 Trans ID: LCV20232046654 LAW OFFICES OF FRANCIS D. MACKIN By: Gina M. Graham NJ Attorney ID No.: 025522002 325 Columbia Turnpike, Suite 105 Florham Park, NJ 07932 (973) 443-9100 Attorney for Defendants BROCK K. BARBERI and EDWARD J. BARBERI SUPERIOR COURT OF NEW JERSEY RAJEEAH L. JONES LAW DIVISION ESSEX COUNTY Plaintiff(s) vs. DOCKET NO: ESX-L-003767-23 BROCK K. BARBERI, EDWARD J. BARBERI, PERSONAL SERVICE INSURANCE COMPANY, JOHN DOE 1- 10 AND ABC CORP. 1-10 (NAMES BEING FICTITIOUS AS TRUE IDENTITIES ARE UNKNOWN AT THIS TIME) ANSWER, SEPARATE DEFENSES, Defendant(s) DEMAND FOR TRIAL BY JURY, DESIGNATION OF TRIAL COUNSEL Defendants, BROCK K. BARBERI and EDWARD J. BARBERI, residing at 4 WINDERMERE DR, LUMBERTON, New Jersey, by way of Answer to the Complaint, say(s): FIRST COUNT 1. Answering defendants have insufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph of the Complaint, and said allegations are therefore denied. 2. Admitted. 3. Denied. 4. Denied. 5. Denied. ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 2 of 4 Trans ID: LCV20232046654 WHEREFORE, answering defendants deny liability to the plaintiff in any sum whatsoever. SECOND COUNT 1. Answering defendants’ response(s) to the previous Count(s) of the Complaint are incorporated herein and made a part hereof as if set forth at length. 2. These allegations are not directed toward answering defendants and therefore no response is required thereto. To the extent that any of these allegations are directed toward answering defendants, said allegations are denied. 3. These allegations are not directed toward answering defendants and therefore no response is required thereto. To the extent that any of these allegations are directed toward answering defendants, said allegations are denied. 3. (misnumbered in original) These allegations are not directed toward answering defendants and therefore no response is required thereto. To the extent that any of these allegations are directed toward answering defendants, said allegations are denied. WHEREFORE, answering defendants deny liability to the plaintiff in any sum whatsoever. SEPARATE DEFENSES 1. Answering Defendants were not negligent. 2. Answering Defendants performed each and every duty which was owed to the Plaintiff if any, or to any other person. 3. The accident was caused solely by the acts or omissions of some other person or party over whom answering Defendants had no control or right of control. ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 3 of 4 Trans ID: LCV20232046654 4. The damages alleged are not the result of the accident which is the subject of plaintiff's Complaint. 5. Answering Defendants are immune from tort liability as plaintiff's claims are barred by the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq. 6. The Complaint fails to state a claim upon which relief can be granted. 7. The plaintiff is guilty of negligence which contributed to the alleged damages, and is, therefore, barred from recovery or subject to having the same diminished in accordance with the New Jersey Comparative Negligence Act and the New Jersey Joint Tortfeasors Contribution Act. 8. Plaintiff's claims are not cognizable by a jury unless and until there is a finding of: (1) compliance with N.J.S.A. 39:6A-1 et seq.; and (2) inapplicability of the tort exemption to plaintiff's claim. 9. Plaintiff was negligent in failing to wear a seatbelt, the non-use of which was the sole or a substantial contributing factor to the cause of the accident and/or injuries alleged. 10. Plaintiff's claims are barred and/or subject to reduction by application of the Collateral Source Rule. 11. At the time of the accident, defendant BROCK K. BARBERI was not acting as the agent, servant or employee of defendant EDWARD J. BARBERI. 12. Venue is not proper in this County. ESX-L-003767-23 07/10/2023 3:50:57 PM Pg 4 of 4 Trans ID: LCV20232046654 DEMAND FOR TRIAL BY JURY PLEASE TAKE NOTICE that answering Defendants hereby demand(s) a trial by jury on all issues. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that pursuant to Rule 4:25-4, Gina M. Graham is designated as trial counsel. REQUEST FOR COPIES OF PLEADINGS AND ANSWERED INTERROGATORIES Pursuant to Rules 1:5-1(a) and 4:17-4(c) each party serving pleadings and interrogatories and receiving answers thereto is requested to serve upon the undersigned attorney copies of same. This request is deemed to be continuing. DEMAND FOR COPIES OF DOCUMENTS REFERRED TO IN PLEADINGS Pursuant to Rule 4:18-2 the undersigned attorney demands within five (5) days after service hereof a copy of any document or paper referred to in the Complaint. CERTIFICATION PURSUANT TO R. 4:5-1 I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. CERTIFICATION PURSUANT TO R. 4:6-1 I, Gina M. Graham, hereby certify that a copy of the within pleading was served upon opposing counsel within the time prescribed by Rule 4:6-1. Dated: July 10, 2023 Gina M. Graham ESX-L-003767-23 07/10/2023 ESX-L-003767-23 07/10/20233:50:57 3:50:51PM PM Pg 1 of 1 Trans TransID: ID:LCV20232046654 LCV20232046654 Civil Case Information Statement Case Details: ESSEX | Civil Part Docket# L-003767-23 Case Caption: JONES RAJEEAH VS BARBERI BROCK Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL Case Initiation Date: 06/13/2023 THRESHOLD) Attorney Name: GINA M GRAHAM Document Type: Answer W/Jury Demand Firm Name: USAA Jury Demand: YES - 6 JURORS Address: 325 COLUMBIA TPKE SUITE 105 Is this a professional malpractice case? NO FLORHAM PARK NJ 079321220 Related cases pending: NO Phone: 9734439100 If yes, list docket numbers: Name of Party: DEFENDANT : BARBERI, BROCK, K Do you anticipate adding any parties (arising out of same Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO (if known): USAA Does this case involve claims related to COVID-19? NO Are sexual abuse claims alleged by: RAJEEAH L JONES? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 07/10/2023 /s/ GINA M GRAHAM Dated Signed