Preview
MON-L-003146-22 11/14/2022 10:45:49 AM Pglof5 Trans ID: LCV20223933313
Mare P. Caswell, Esq. ID# 027081996
SHAMY, SHIPERS & LONSKY, P.C.
334 Milltown Road
East Brunswick, New Jersey 08816
732-210-4404
Attorneys for Plaintiff(s)
CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, MONMOUTH COUNTY
DOCKET#:
VS.
Civil Action
JEFF WOSZCZAK, JOSHUA A
WOSZCZAK, HALEY LONG, JOHN DOES COMPLAINT, JURY DEMAND,
1-10; and ABC CORPORATIONS 1-10, CERTIFICATION PURSUANT TO
R.4:5-1 DESIGNATION OF TRIAL
Defendants. COUNSEL, DEMAND FOR DISCOVERY
OF INSURANCE COVERAGE,
DEMAND FOR INTERROGATORY
ANSWERS
Plaintiff, Christopher Wagenhals, residing at 220 West Sylvania Avenue, Township of
Neptune, County of Monmouth, and. State of New Jersey, by way of Complaint against the
Defendants, hereby says:
FIRST COUNT
(Negligence)
1 On or about January 5, 2021, and at all times pertinent hereto, the defendants,
Joshua A. Woszczak and Haley Long were the owners of premises located at 555 Oregon Avenue,
in the Township of Brick, County of Ocean, and State of New Jersey.
2. Defendants Joshua A. Woszezak and Haley Long hired defendant Jeff Woszczak to
perform certain repairs and/or updates to their premises.
3. Defendant, Jeff Woszczak placed an advertisement on Craig’s List.
4. Defendant, Jeff Woszczak hired plaintiff to help him perform the repairs and/or updates
MON-L-003146-22 11/14/2022 10:45:49 AM Pg2of5 Trans ID: LCV20223933313
to defendants, Joshua A. Woszezak and Haley Long’s premises.
5 At the time aforesaid, the plaintiff was lawfully and rightfully doing work upon the
aforesaid premises.
6 At the time aforesaid, the defendant, Jeff Woszczak constructed a platform with a
ladder on top in order to reach the second floor of the defendant’s residence.
7. Defendant, Jeff Woszczak instructed plaintiff to climb the scaffolding and ladder to
place siding on the second floor of defendants’ house.
8. Plaintiff was on the ladder when the scaffolding collapsed causing plaintiff to fall 8 to
10 feet onto the concrete ground.
9 At the time and place aforesaid, defendants, Jeff Woszczak, Joshua A. Woszcezak
and Haley Long, negligently owned, managed, maintained, constructed and/or controlled its
premises, as a result of which they were dangerous and unsafe.
10. The defendants were negligent and careless in that it caused or allowed a dangerous
and hazardous condition to be and remain on its premises; failed to maintain the aforesaid premises
in a reasonably safe condition; failed to exercise proper care; failed to give the plaintiff any
warning of the dangerous and hazardous conditions; failed to operate the premises in a reasonable
and safe manner; and was otherwise negligent and careless.
il. Asa direct and proximate result of the aforesaid negligence and carelessness of the
defendants, plaintiff Christopher Wagenhals, was caused to fall; sustained severe and permanent
bodily injuries; has sustained permanent disability, has incurred and in the future will incur
expenses for medical care and treatment for his injuries; has been prevented and in the future will
be prevented from pursuing his usual activities; and has been caused and in the future will be
caused great pain and suffering.
MON-L-003146-22 11/14/2022 10:45:49 AM Pg3of5 Trans ID: LCV20223933313
WHEREFORE, plaintiff, Christopher Wagenhals, demands Judgment against the
defendants, Jeff Woszczak, Joshua A. Woszezak and Haley Long, for such sum as would
reasonably and properly compensate him in accordance with the laws of the State of New Jersey,
together with interest and costs of suit.
SECOND COUNT
(Negligence)
1 Plaintiff repeats the allegations set forth in the First Count as though more fully set
forth herein and makes same a part hereof.
2. At the time and place aforesaid, and at all times pertinent hereto, the defendants,
John Does (1-10) and ABC Corporations (1-10), negligently owned, managed, maintained and/or
controlled the aforesaid premises, as a result of which said premises were dangerous and unsafe
and plaintiff was injured thereupon.
3 The defendants were negligent and careless in that they caused or allowed a
dangerous and hazardous condition to be and remain on their premises; failed to maintain the
aforesaid commercial premises in a reasonably safe condition; failed to exercise proper care; failed
to give the plaintiff any warning of the dangerous and hazardous conditions; failed to operate the
premises in a reasonable and safe manner; and were otherwise negligent and careless.
4 As a direct and proximate result of the aforesaid negligence and carelessness of the
defendants, plaintiff, was caused to fall from the ladder; sustained severe and permanent bodily
injuries; has incurred and in the future will incur expenses for medical care and treatment for his
injuries; has been prevented and in the future will be prevented from pursuing his usual activities;
and has been caused and in the future will be caused great pain and suffering.
WHEREFORE, plaintiff Christopher Wagenhals demands Judgment against the
defendants, jointly, severally, or in the alternative, for such sum as would reasonably and properly
MON-L-003146-22 11/14/2022 10:45:49 AM Pg4of5 Trans ID: LCV20223933313
compensate him in accordance with the laws of the State of New Jersey, together with interest and
costs of suit.
JURY DEMAND
Plaintiff, Christopher Wagenhals, demands a trial by a jury of not less than six (6) persons
as to all issues in the within action.
CERTIFICATION
In accordance with Rule 4:5-1(b)(2), to the best of our knowledge, this matter is not the
subject of any other action pending in any Court or of a pending Arbitration proceeding, and no
other action or Arbitration proceeding is contemplated.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Mare P. Caswell, Esq. is hereby designated as trial counsel on
behalf of the plaintiff.
DEMAND FOR DISCOVERY OF INSURANCE COVERAGE
Pursuant to Rule 4:10-2(b), demand is hereby made that defendants disclose to plaintiffs’
attorneys whether there are any insurance agreements or policies under which any person or firm
carrying on an insurance business may be liable to satisfy part or all of a Judgment and to provide
plaintiffs’ attorneys with true copies of such insurance agreements or policies including, but not
limited to, any and all Declaration Sheets. This demand shali be deemed to include and cover not
only primary coverage but also any and all excess, catastrophe and umbrella policies.
MON-L-003146-22 11/14/2022 10:45:49 AM Pg5of5 Trans ID: LCV20223933313
DEMAND FOR INTERROGATORIES
Pursuant to Rule 4:17-1, the plaintiff demands that each defendant provide fully responsive
answers to Uniform Interrogatories Form "C" and "C(2)" as can be found in the Appendix to the
Rules Governing the Courts of the State of New Jersey.
SHAMY, SHIPERS & LONSKI, P.C.
Attomeys for Plaintiff
a
“
BY_~
<—MARC SWELL, ESQ.
DATED: November 14, 2022
MON-L-003146-22 11/14/2022 10:45:49 AM Pglof2 Trans ID: LCV20223933313
Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-003146-22
Case Caption: WAGENHALS CHRISTOPH VS. Case Type: PERSONAL INJURY
WOSZCZAK JEFF Document Type: Complaint with Jury Demand
Case Initiation Date: 11/14/2022 Jury Demand: YES - 6 JURORS
Attorney Name: MARC PETER CASWELL Is this a professional malpractice case? NO
Firm Name: SHAMY SHIPERS & LONSKI PC Related cases pending: NO
Address: 334 MILLTOWN RD If yes, list docket numbers:
EAST BRUNSWICK NJ 08816 Do you anticipate adding any parties (arising out of same
Phone: 7322104404 transaction or occurrence)? NO
Name of Party: PLAINTIFF : WAGENHALS, CHRISTOPH Does this case involve claims related to COVID-19? NO
Name of Defendant's Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: CHRISTOPH WAGENHALS?
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? YES
If yes, is that relationship: Other(explain) Plaintiff hired by Jeff Woszczak to help do repairs and updates
to property
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
| 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)
11/14/2022 /s/ MARC PETER CASWELL
Dated Signed
MON-L-003146-22 11/14/2022 10:45:49 AM Pg2of2 Trans ID: LCV20223933313
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MON-L-003146-22 11/14/2022 10:45:49 AM Pglof5 Trans ID: LCV20223933313 Mare P. Caswell, Esq. ID# 027081996 SHAMY, SHIPERS & LONSKY, P.C. 334 Milltown Road East Brunswick, New Jersey 08816 732-210-4404 Attorneys for Plaintiff(s) CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, MONMOUTH COUNTY DOCKET#: VS. Civil Action JEFF WOSZCZAK, JOSHUA A WOSZCZAK, HALEY LONG, JOHN DOES COMPLAINT, JURY DEMAND, 1-10; and ABC CORPORATIONS 1-10, CERTIFICATION PURSUANT TO R.4:5-1 DESIGNATION OF TRIAL Defendants. COUNSEL, DEMAND FOR DISCOVERY OF INSURANCE COVERAGE, DEMAND FOR INTERROGATORY ANSWERS Plaintiff, Christopher Wagenhals, residing at 220 West Sylvania Avenue, Township of Neptune, County of Monmouth, and. State of New Jersey, by way of Complaint against the Defendants, hereby says: FIRST COUNT (Negligence) 1 On or about January 5, 2021, and at all times pertinent hereto, the defendants, Joshua A. Woszczak and Haley Long were the owners of premises located at 555 Oregon Avenue, in the Township of Brick, County of Ocean, and State of New Jersey. 2. Defendants Joshua A. Woszezak and Haley Long hired defendant Jeff Woszczak to perform certain repairs and/or updates to their premises. 3. Defendant, Jeff Woszczak placed an advertisement on Craig’s List. 4. Defendant, Jeff Woszczak hired plaintiff to help him perform the repairs and/or updates MON-L-003146-22 11/14/2022 10:45:49 AM Pg2of5 Trans ID: LCV20223933313 to defendants, Joshua A. Woszezak and Haley Long’s premises. 5 At the time aforesaid, the plaintiff was lawfully and rightfully doing work upon the aforesaid premises. 6 At the time aforesaid, the defendant, Jeff Woszczak constructed a platform with a ladder on top in order to reach the second floor of the defendant’s residence. 7. Defendant, Jeff Woszczak instructed plaintiff to climb the scaffolding and ladder to place siding on the second floor of defendants’ house. 8. Plaintiff was on the ladder when the scaffolding collapsed causing plaintiff to fall 8 to 10 feet onto the concrete ground. 9 At the time and place aforesaid, defendants, Jeff Woszczak, Joshua A. Woszcezak and Haley Long, negligently owned, managed, maintained, constructed and/or controlled its premises, as a result of which they were dangerous and unsafe. 10. The defendants were negligent and careless in that it caused or allowed a dangerous and hazardous condition to be and remain on its premises; failed to maintain the aforesaid premises in a reasonably safe condition; failed to exercise proper care; failed to give the plaintiff any warning of the dangerous and hazardous conditions; failed to operate the premises in a reasonable and safe manner; and was otherwise negligent and careless. il. Asa direct and proximate result of the aforesaid negligence and carelessness of the defendants, plaintiff Christopher Wagenhals, was caused to fall; sustained severe and permanent bodily injuries; has sustained permanent disability, has incurred and in the future will incur expenses for medical care and treatment for his injuries; has been prevented and in the future will be prevented from pursuing his usual activities; and has been caused and in the future will be caused great pain and suffering. MON-L-003146-22 11/14/2022 10:45:49 AM Pg3of5 Trans ID: LCV20223933313 WHEREFORE, plaintiff, Christopher Wagenhals, demands Judgment against the defendants, Jeff Woszczak, Joshua A. Woszezak and Haley Long, for such sum as would reasonably and properly compensate him in accordance with the laws of the State of New Jersey, together with interest and costs of suit. SECOND COUNT (Negligence) 1 Plaintiff repeats the allegations set forth in the First Count as though more fully set forth herein and makes same a part hereof. 2. At the time and place aforesaid, and at all times pertinent hereto, the defendants, John Does (1-10) and ABC Corporations (1-10), negligently owned, managed, maintained and/or controlled the aforesaid premises, as a result of which said premises were dangerous and unsafe and plaintiff was injured thereupon. 3 The defendants were negligent and careless in that they caused or allowed a dangerous and hazardous condition to be and remain on their premises; failed to maintain the aforesaid commercial premises in a reasonably safe condition; failed to exercise proper care; failed to give the plaintiff any warning of the dangerous and hazardous conditions; failed to operate the premises in a reasonable and safe manner; and were otherwise negligent and careless. 4 As a direct and proximate result of the aforesaid negligence and carelessness of the defendants, plaintiff, was caused to fall from the ladder; sustained severe and permanent bodily injuries; has incurred and in the future will incur expenses for medical care and treatment for his injuries; has been prevented and in the future will be prevented from pursuing his usual activities; and has been caused and in the future will be caused great pain and suffering. WHEREFORE, plaintiff Christopher Wagenhals demands Judgment against the defendants, jointly, severally, or in the alternative, for such sum as would reasonably and properly MON-L-003146-22 11/14/2022 10:45:49 AM Pg4of5 Trans ID: LCV20223933313 compensate him in accordance with the laws of the State of New Jersey, together with interest and costs of suit. JURY DEMAND Plaintiff, Christopher Wagenhals, demands a trial by a jury of not less than six (6) persons as to all issues in the within action. CERTIFICATION In accordance with Rule 4:5-1(b)(2), to the best of our knowledge, this matter is not the subject of any other action pending in any Court or of a pending Arbitration proceeding, and no other action or Arbitration proceeding is contemplated. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Mare P. Caswell, Esq. is hereby designated as trial counsel on behalf of the plaintiff. DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to Rule 4:10-2(b), demand is hereby made that defendants disclose to plaintiffs’ attorneys whether there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a Judgment and to provide plaintiffs’ attorneys with true copies of such insurance agreements or policies including, but not limited to, any and all Declaration Sheets. This demand shali be deemed to include and cover not only primary coverage but also any and all excess, catastrophe and umbrella policies. MON-L-003146-22 11/14/2022 10:45:49 AM Pg5of5 Trans ID: LCV20223933313 DEMAND FOR INTERROGATORIES Pursuant to Rule 4:17-1, the plaintiff demands that each defendant provide fully responsive answers to Uniform Interrogatories Form "C" and "C(2)" as can be found in the Appendix to the Rules Governing the Courts of the State of New Jersey. SHAMY, SHIPERS & LONSKI, P.C. Attomeys for Plaintiff a “ BY_~ <—MARC SWELL, ESQ. DATED: November 14, 2022 MON-L-003146-22 11/14/2022 10:45:49 AM Pglof2 Trans ID: LCV20223933313 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-003146-22 Case Caption: WAGENHALS CHRISTOPH VS. Case Type: PERSONAL INJURY WOSZCZAK JEFF Document Type: Complaint with Jury Demand Case Initiation Date: 11/14/2022 Jury Demand: YES - 6 JURORS Attorney Name: MARC PETER CASWELL Is this a professional malpractice case? NO Firm Name: SHAMY SHIPERS & LONSKI PC Related cases pending: NO Address: 334 MILLTOWN RD If yes, list docket numbers: EAST BRUNSWICK NJ 08816 Do you anticipate adding any parties (arising out of same Phone: 7322104404 transaction or occurrence)? NO Name of Party: PLAINTIFF : WAGENHALS, CHRISTOPH Does this case involve claims related to COVID-19? NO Name of Defendant's Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: CHRISTOPH WAGENHALS? 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? YES If yes, is that relationship: Other(explain) Plaintiff hired by Jeff Woszczak to help do repairs and updates to property 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 | 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) 11/14/2022 /s/ MARC PETER CASWELL Dated Signed MON-L-003146-22 11/14/2022 10:45:49 AM Pg2of2 Trans ID: LCV20223933313