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WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 1 of 11 Trans ID: LCV20223326160
Elissa Breanne Wolf, Attorney ID# 030612006 Insurer of Defendants:
Jan Meyer, Attorney ID# 020391994 ACE American Insurance
Law Offices of Jan Meyer & Associates, P.C. Company
1029 Teaneck Road
Second Floor
Teaneck, New Jersey 07666
(201) 862-9500
Attorneys for Plaintiffs
O ur File Num ber: 20-1058953
Drive New Jersey Insurance Company SUPERIOR COURT OF NEW JERSEY
and Drive New Jersey Insurance LAW DIVISION: WARREN COUNTY
Company as subrogee of Todd H.
Rissmiller, Docket No.:
Plaintiffs, Civil Action
-against- COMPLAINT
Jhon Cleef Fleurival, Werner
Enterprises, Inc., and ACE American
Insurance Company,
Defendants.
Plaintiffs, Drive New Jersey Insurance Company and Drive New Jersey Insurance
Company as subrogee of Todd H. Rissmiller, say:
THE PARTIES
1. Plaintiff Drive New Jersey Insurance Company [hereinafter “Plaintiff”] is
located at 5920 Landerbrook Drive, Mayfield Heights, Ohio 44124 and does business in
Warren County.
2. Todd H. Rissmiller [hereinafter “Plaintiff’s insured”] resides at Phillipsburg, NJ
08865.
3. Hereinafter, Plaintiffs, Drive New Jersey Insurance Company and Drive New
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Jersey Insurance Company as subrogee of Todd H. Rissmiller, are referred to individually
and/or collectively as "Plaintiffs."
4. Defendant Jhon Cleef Fleurival resides at 1832 Colony Drive, Wyomnissing,
PA 19610.
5. Defendant Werner Enterprises, Inc. does business at 14507 Frontier Road,
Omaha, NE 68168.
6. Defendant ACE American Insurance Company does business at 436 Walnut
Street, Philadelphia, PA 19106.
7. Hereinafter, the above-named Defendants are referred to individually and/or
collectively as “Defendants.”
FACTS RELEVANT TO ALL COUNTS
8. Plaintiff is in the business of automobile insurance.
9. Plaintiff’s insured is the insured under a certain policy issued by Plaintiff.
10. At all times relevant, Plaintiff’s insured owned a black 2001 Nissan Xterra
[hereinafter “Plaintiff's insured's vehicle"].
11. On or about September 17, 2020, Plaintiff's Insured was operating the
aforementioned vehicle while traveling on southbound Ingersol Avenue, at the intersection
with Memorial Parkway, in Phillipsburg, New Jersey.
12. At the same aforementioned time and place, Defendant Jhon Cleef Fleurival
was operating a white 2019 Kenworth Truck [hereinafter "Defendants’ vehicle"] while
traveling westbound on Memorial Parkway, at the intersection with Ingersol Avenue, in
Phillipsburg, New Jersey.
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13. Upon information and belief, at all times relevant, Defendants’ vehicle was
owned, rented, and/or leased by Jhon Cleef Fleurival and/or Werner Enterprises, Inc.
14. Upon information and belief, at all times relevant, Defendant Jhon Cleef
Fleurival was an employee, agent, and/or servant of Werner Enterprises, Inc.
15. Upon information and belief, at all times relevant, Defendants’ vehicle was
self-insured and/or ACE American Insurance Company provided insurance coverage for
Defendants’ vehicle and/or Jhon Cleef Fleurival.
16. At the same aforementioned time and place, Defendant Jhon Cleef Fleurival
operated said vehicle in such an, including, but not limited to, careless and/or negligent
manner, so as to fail to pay proper attention and fail to stop at the red traffic light and to
enter the intersection and cause a collision with the Plaintiff’s insured's vehicle.
17. In addition, or in the alternative, upon information and belief, Defendants were
negligent in maintaining said vehicle and/or in causing said vehicle to be operated while it
was not in proper working order.
18. As a result of Defendants’ actions or omissions, Plaintiff's Insured sustained
physical injury.
19. As a result of Defendants’ actions or omissions, Plaintiff paid claims Medical
expense benefits pursuant to Personal Injury Protection (PIP) coverage including costs of
processing said claims in the amount of $86,568.26, plus pending.
20. Pursuant to N.J.S.A. 39:6A-9.1, Plaintiff has a direct right to recover benefits
paid pursuant to Personal Injury Protection requirements, the costs of processing said
payments, and the cost of enforcing rights granted under N.J.S.A. 39:6A-9.1 from a
tortfeasor who, “was not, at the time of the accident, required to maintain personal injury
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protection or medical expense benefits coverage, other than for pedestrians, under the laws
of this State . . . or although required did not maintain personal injury protection or medical
expense benefits coverage at the time of the accident.”
21. Upon information and belief, Defendants’ vehicle was not required to carry
PIP pursuant to N.J.S.A. 39:6A-3.2, because, inter alia, it was not an “automobile” as
defined by N.J.S.A. 39:6A-2.
22. In addition, or in the alternative, upon information and belief, Defendants’
vehicle, although required to maintain PIP, failed to do so.
23. Therefore, pursuant to N.J.S.A. 39:6A-9.1, Plaintiff is entitled to recovery of
its Personal Injury Protection benefits, the costs of processing said payments, and the cost
of enforcing rights granted to Plaintiff under N.J.S.A. 39:6A-9.1.
FIRST COUNT
(Negligence)
24. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
25. Defendants owed a duty of reasonable care to Plaintiff’s insured.
26. Defendants breached said duty.
27. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained
$86,568.26, plus pending in damages.
28. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the
amount of $86,568.26, plus pending.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
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B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
SECOND COUNT
(Liability Of Vehicle Ow ners)
29. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
30. Werner Enterprises, Inc. entrusted Defendants' vehicle to Defendant Jhon
Cleef Fleurival when Werner Enterprises, Inc. knew or should have known Jhon Cleef
Fleurival was incompetent, unfit, inexperienced, or reckless.
31. Entrusting said vehicle to Defendant Jhon Cleef Fleurival created an
appreciable risk of harm to others.
32. In addition, or in the alternative, Defendant Jhon Cleef Fleurival is presumed
to be the agent of Werner Enterprises, Inc., because Defendant Jhon Cleef Fleurival
operated Defendants' vehicle. See Hernandez v. Velez, 267 N.J. Super. 353, 356 (Law.
Div. 1993) and Harvey v. Craw, 110 N.J. Super. 68, 73, (App.Div. 1970).
33. Hence, Werner Enterprises, Inc. is liable for the actions and/or inactions of
Jhon Cleef Fleurival in the use or operation of said vehicle.
34. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained
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$86,568.26, plus pending in damages.
35. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the
amount of $86,568.26, plus pending.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
THIRD COUNT
(Vicarious Liability Of Em ployers)
36. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
37. Upon information and belief, Defendant Jhon Cleef Fleurival was acting in the
scope of employment with Werner Enterprises, Inc..
38. Therefore, Werner Enterprises, Inc. is vicariously liable for all of Defendant
Jhon Cleef Fleurival's actions or inactions.
39. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained
damages in the amount of $86,568.26, plus pending.
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40. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the
amount of $86,568.26, plus pending.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
FOURTH COUNT
(Negligent Employment/Hiring/Retention)
41. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
42. Werner Enterprises, Inc. hired and/or retained Defendant Jhon Cleef Fleurival
when Werner Enterprises, Inc. should have known of the particular unfitness,
incompetence, or dangerous characteristics of Defendant Jhon Cleef Fleurival.
43. Werner Enterprises, Inc. could reasonably have foreseen that such qualities
created a risk of harm to other persons and property.
44. Through the negligence of Werner Enterprises, Inc. in hiring and/or retaining
Defendant Jhon Cleef Fleurival, Defendant Jhon Cleef Fleurival's incompetence, unfitness,
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or dangerous characteristics proximately caused Plaintiffs' injuries.
45. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained
damages in the amount of $86,568.26, plus pending.
46. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the
amount of $86,568.26, plus pending.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
FIFTH COUNT
(Negligent Supervision)
47. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
48. Werner Enterprises, Inc. was negligent in supervising Jhon Cleef Fleurival.
49. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained
damages in the amount of $86,568.26, plus pending.
50. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the
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amount of $86,568.26, plus pending.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
SIXTH COUNT
(Direct Right of PIP Recovery Against Werner Enterprises, Inc. and/or ACE American Insurance
Company; Arbitration Requirement)
51. Plaintiffs repeat each prior paragraph of the Complaint with the same force
and effect as if set forth fully herein.
52. Upon information and belief, at all times relevant, Defendants’ vehicle was
self-insured and/or ACE American Insurance Company provided insurance coverage for
Defendants’ vehicle and/or Jhon Cleef Fleurival.
53. Plaintiff is entitled to a direct right of recovery pursuant to N.J.S.A. 39:6A-9.1.
54. Pursuant to N.J.S.A. 39:6A-9.1, where the tortfeasor is insured, the insurer
of the injured party is entitled to a direct right of recovery from the insurer(s) of the
tortfeasor.
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55. Pursuant to N.J.S.A. 39:6A-9.1, all disputes between insurers regarding the
recovery of PIP are to be resolved “by agreement of the involved parties or, upon failing to
agree, by arbitration.”
56. All attempts to resolve this matter by amicable agreement have failed to this
point and the parties have not been able to agree upon a forum for arbitration.
57. Therefore, Plaintiff has a right to recover $86,568.26, plus pending from
Werner Enterprises, Inc. and/or ACE American Insurance Company.
WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally,
and in the alternative, as follows:
A. $86,568.26, plus pending plus future amounts if any;
B. Compelling arbitration or other appropriate dispute resolution for any matters
required to be thus resolved pursuant to relevant statute, regulation and/or
contractual agreements;
C. Costs of Suit;
D. Attorney Fees;
E. Indemnification;
F. Contribution;
G. Other relief as the Court may deem equitable and just.
Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C.
Elissa Breanne Wolf, Esq.
Attorneys for Plaintiffs
1029 Teaneck Road, Second Floor
Teaneck, New Jersey 07666
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DESIGNATION OF TRIAL COUNSEL
Pursuant to Rules of Court, notice is hereby given that Jan Meyer, Esq., is
designated as trial counsel in the above captioned matter.
Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C.
Elissa Breanne Wolf, Esq.
Attorneys for Plaintiffs
1029 Teaneck Road, Second Floor
Teaneck, New Jersey 07666
CERTIFICATION
Pursuant to Rule 4:5-1, it is hereby stated that the matter in controversy is not the
subject of any other civil action pending in any court or of a pending arbitration proceeding,
to the best of our knowledge or belief; also to the best of our belief, no other action or
arbitration proceeding is contemplated. Further, other than the parties set forth in this
pleading, we know of no other parties that should be joined in the above action. In addition,
we recognize the continuing obligation of each party to file and serve on all parties and the
court an amended certification if there is a change in the facts stated in this original
certification.
Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C.
Elissa Breanne Wolf, Esq.
Attorneys for Plaintiffs
1029 Teaneck Road, Second Floor
Teaneck, New Jersey 07666
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Civil Case Information Statement
Case Details: WARREN | Civil Part Docket# L-000239-22
Case Caption: DRIVE NEW JERSEY INS URANCE VS Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON-
FLEURIVAL JHON VERBAL THRESHOLD)
Case Initiation Date: 09/14/2022 Document Type: Complaint
Attorney Name: ELISSA BREANNE WOLF Jury Demand: NONE
Firm Name: JAN MEYER & ASSOCIATES, PC Is this a professional malpractice case? NO
Address: 1029 TEANECK RD 2ND FL Related cases pending: NO
TEANECK NJ 07666 If yes, list docket numbers:
Phone: 2018629500 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : Drive New Jersey Insurance transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): ACE American Insurance Company
Are sexual abuse claims alleged by: Drive New Jersey Insurance?
NO
Are sexual abuse claims alleged by: Drive New Jersey Insurance?
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)
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09/14/2022 /s/ ELISSA BREANNE WOLF
Dated Signed
Preview
WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 1 of 11 Trans ID: LCV20223326160 Elissa Breanne Wolf, Attorney ID# 030612006 Insurer of Defendants: Jan Meyer, Attorney ID# 020391994 ACE American Insurance Law Offices of Jan Meyer & Associates, P.C. Company 1029 Teaneck Road Second Floor Teaneck, New Jersey 07666 (201) 862-9500 Attorneys for Plaintiffs O ur File Num ber: 20-1058953 Drive New Jersey Insurance Company SUPERIOR COURT OF NEW JERSEY and Drive New Jersey Insurance LAW DIVISION: WARREN COUNTY Company as subrogee of Todd H. Rissmiller, Docket No.: Plaintiffs, Civil Action -against- COMPLAINT Jhon Cleef Fleurival, Werner Enterprises, Inc., and ACE American Insurance Company, Defendants. Plaintiffs, Drive New Jersey Insurance Company and Drive New Jersey Insurance Company as subrogee of Todd H. Rissmiller, say: THE PARTIES 1. Plaintiff Drive New Jersey Insurance Company [hereinafter “Plaintiff”] is located at 5920 Landerbrook Drive, Mayfield Heights, Ohio 44124 and does business in Warren County. 2. Todd H. Rissmiller [hereinafter “Plaintiff’s insured”] resides at Phillipsburg, NJ 08865. 3. Hereinafter, Plaintiffs, Drive New Jersey Insurance Company and Drive New WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 2 of 11 Trans ID: LCV20223326160 Jersey Insurance Company as subrogee of Todd H. Rissmiller, are referred to individually and/or collectively as "Plaintiffs." 4. Defendant Jhon Cleef Fleurival resides at 1832 Colony Drive, Wyomnissing, PA 19610. 5. Defendant Werner Enterprises, Inc. does business at 14507 Frontier Road, Omaha, NE 68168. 6. Defendant ACE American Insurance Company does business at 436 Walnut Street, Philadelphia, PA 19106. 7. Hereinafter, the above-named Defendants are referred to individually and/or collectively as “Defendants.” FACTS RELEVANT TO ALL COUNTS 8. Plaintiff is in the business of automobile insurance. 9. Plaintiff’s insured is the insured under a certain policy issued by Plaintiff. 10. At all times relevant, Plaintiff’s insured owned a black 2001 Nissan Xterra [hereinafter “Plaintiff's insured's vehicle"]. 11. On or about September 17, 2020, Plaintiff's Insured was operating the aforementioned vehicle while traveling on southbound Ingersol Avenue, at the intersection with Memorial Parkway, in Phillipsburg, New Jersey. 12. At the same aforementioned time and place, Defendant Jhon Cleef Fleurival was operating a white 2019 Kenworth Truck [hereinafter "Defendants’ vehicle"] while traveling westbound on Memorial Parkway, at the intersection with Ingersol Avenue, in Phillipsburg, New Jersey. WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 3 of 11 Trans ID: LCV20223326160 13. Upon information and belief, at all times relevant, Defendants’ vehicle was owned, rented, and/or leased by Jhon Cleef Fleurival and/or Werner Enterprises, Inc. 14. Upon information and belief, at all times relevant, Defendant Jhon Cleef Fleurival was an employee, agent, and/or servant of Werner Enterprises, Inc. 15. Upon information and belief, at all times relevant, Defendants’ vehicle was self-insured and/or ACE American Insurance Company provided insurance coverage for Defendants’ vehicle and/or Jhon Cleef Fleurival. 16. At the same aforementioned time and place, Defendant Jhon Cleef Fleurival operated said vehicle in such an, including, but not limited to, careless and/or negligent manner, so as to fail to pay proper attention and fail to stop at the red traffic light and to enter the intersection and cause a collision with the Plaintiff’s insured's vehicle. 17. In addition, or in the alternative, upon information and belief, Defendants were negligent in maintaining said vehicle and/or in causing said vehicle to be operated while it was not in proper working order. 18. As a result of Defendants’ actions or omissions, Plaintiff's Insured sustained physical injury. 19. As a result of Defendants’ actions or omissions, Plaintiff paid claims Medical expense benefits pursuant to Personal Injury Protection (PIP) coverage including costs of processing said claims in the amount of $86,568.26, plus pending. 20. Pursuant to N.J.S.A. 39:6A-9.1, Plaintiff has a direct right to recover benefits paid pursuant to Personal Injury Protection requirements, the costs of processing said payments, and the cost of enforcing rights granted under N.J.S.A. 39:6A-9.1 from a tortfeasor who, “was not, at the time of the accident, required to maintain personal injury WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 4 of 11 Trans ID: LCV20223326160 protection or medical expense benefits coverage, other than for pedestrians, under the laws of this State . . . or although required did not maintain personal injury protection or medical expense benefits coverage at the time of the accident.” 21. Upon information and belief, Defendants’ vehicle was not required to carry PIP pursuant to N.J.S.A. 39:6A-3.2, because, inter alia, it was not an “automobile” as defined by N.J.S.A. 39:6A-2. 22. In addition, or in the alternative, upon information and belief, Defendants’ vehicle, although required to maintain PIP, failed to do so. 23. Therefore, pursuant to N.J.S.A. 39:6A-9.1, Plaintiff is entitled to recovery of its Personal Injury Protection benefits, the costs of processing said payments, and the cost of enforcing rights granted to Plaintiff under N.J.S.A. 39:6A-9.1. FIRST COUNT (Negligence) 24. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 25. Defendants owed a duty of reasonable care to Plaintiff’s insured. 26. Defendants breached said duty. 27. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained $86,568.26, plus pending in damages. 28. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the amount of $86,568.26, plus pending. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 5 of 11 Trans ID: LCV20223326160 B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. SECOND COUNT (Liability Of Vehicle Ow ners) 29. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 30. Werner Enterprises, Inc. entrusted Defendants' vehicle to Defendant Jhon Cleef Fleurival when Werner Enterprises, Inc. knew or should have known Jhon Cleef Fleurival was incompetent, unfit, inexperienced, or reckless. 31. Entrusting said vehicle to Defendant Jhon Cleef Fleurival created an appreciable risk of harm to others. 32. In addition, or in the alternative, Defendant Jhon Cleef Fleurival is presumed to be the agent of Werner Enterprises, Inc., because Defendant Jhon Cleef Fleurival operated Defendants' vehicle. See Hernandez v. Velez, 267 N.J. Super. 353, 356 (Law. Div. 1993) and Harvey v. Craw, 110 N.J. Super. 68, 73, (App.Div. 1970). 33. Hence, Werner Enterprises, Inc. is liable for the actions and/or inactions of Jhon Cleef Fleurival in the use or operation of said vehicle. 34. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 6 of 11 Trans ID: LCV20223326160 $86,568.26, plus pending in damages. 35. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the amount of $86,568.26, plus pending. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. THIRD COUNT (Vicarious Liability Of Em ployers) 36. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 37. Upon information and belief, Defendant Jhon Cleef Fleurival was acting in the scope of employment with Werner Enterprises, Inc.. 38. Therefore, Werner Enterprises, Inc. is vicariously liable for all of Defendant Jhon Cleef Fleurival's actions or inactions. 39. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained damages in the amount of $86,568.26, plus pending. WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 7 of 11 Trans ID: LCV20223326160 40. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the amount of $86,568.26, plus pending. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. FOURTH COUNT (Negligent Employment/Hiring/Retention) 41. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 42. Werner Enterprises, Inc. hired and/or retained Defendant Jhon Cleef Fleurival when Werner Enterprises, Inc. should have known of the particular unfitness, incompetence, or dangerous characteristics of Defendant Jhon Cleef Fleurival. 43. Werner Enterprises, Inc. could reasonably have foreseen that such qualities created a risk of harm to other persons and property. 44. Through the negligence of Werner Enterprises, Inc. in hiring and/or retaining Defendant Jhon Cleef Fleurival, Defendant Jhon Cleef Fleurival's incompetence, unfitness, WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 8 of 11 Trans ID: LCV20223326160 or dangerous characteristics proximately caused Plaintiffs' injuries. 45. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained damages in the amount of $86,568.26, plus pending. 46. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the amount of $86,568.26, plus pending. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. FIFTH COUNT (Negligent Supervision) 47. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 48. Werner Enterprises, Inc. was negligent in supervising Jhon Cleef Fleurival. 49. As a result of Defendants’ actions or omissions, Plaintiff's insured sustained damages in the amount of $86,568.26, plus pending. 50. As a result of Defendants’ actions or omissions, Plaintiff paid claims in the WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 9 of 11 Trans ID: LCV20223326160 amount of $86,568.26, plus pending. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. SIXTH COUNT (Direct Right of PIP Recovery Against Werner Enterprises, Inc. and/or ACE American Insurance Company; Arbitration Requirement) 51. Plaintiffs repeat each prior paragraph of the Complaint with the same force and effect as if set forth fully herein. 52. Upon information and belief, at all times relevant, Defendants’ vehicle was self-insured and/or ACE American Insurance Company provided insurance coverage for Defendants’ vehicle and/or Jhon Cleef Fleurival. 53. Plaintiff is entitled to a direct right of recovery pursuant to N.J.S.A. 39:6A-9.1. 54. Pursuant to N.J.S.A. 39:6A-9.1, where the tortfeasor is insured, the insurer of the injured party is entitled to a direct right of recovery from the insurer(s) of the tortfeasor. WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 10 of 11 Trans ID: LCV20223326160 55. Pursuant to N.J.S.A. 39:6A-9.1, all disputes between insurers regarding the recovery of PIP are to be resolved “by agreement of the involved parties or, upon failing to agree, by arbitration.” 56. All attempts to resolve this matter by amicable agreement have failed to this point and the parties have not been able to agree upon a forum for arbitration. 57. Therefore, Plaintiff has a right to recover $86,568.26, plus pending from Werner Enterprises, Inc. and/or ACE American Insurance Company. WHEREFORE, Plaintiffs demand judgment against all Defendants jointly, severally, and in the alternative, as follows: A. $86,568.26, plus pending plus future amounts if any; B. Compelling arbitration or other appropriate dispute resolution for any matters required to be thus resolved pursuant to relevant statute, regulation and/or contractual agreements; C. Costs of Suit; D. Attorney Fees; E. Indemnification; F. Contribution; G. Other relief as the Court may deem equitable and just. Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C. Elissa Breanne Wolf, Esq. Attorneys for Plaintiffs 1029 Teaneck Road, Second Floor Teaneck, New Jersey 07666 WRN-L-000239-22 09/14/2022 3:11:38 PM Pg 11 of 11 Trans ID: LCV20223326160 DESIGNATION OF TRIAL COUNSEL Pursuant to Rules of Court, notice is hereby given that Jan Meyer, Esq., is designated as trial counsel in the above captioned matter. Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C. Elissa Breanne Wolf, Esq. Attorneys for Plaintiffs 1029 Teaneck Road, Second Floor Teaneck, New Jersey 07666 CERTIFICATION Pursuant to Rule 4:5-1, it is hereby stated that the matter in controversy is not the subject of any other civil action pending in any court or of a pending arbitration proceeding, to the best of our knowledge or belief; also to the best of our belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading, we know of no other parties that should be joined in the above action. In addition, we recognize the continuing obligation of each party to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. Dated: September 14, 2022 Law Offices of Jan Meyer and Associates, P.C. Elissa Breanne Wolf, Esq. Attorneys for Plaintiffs 1029 Teaneck Road, Second Floor Teaneck, New Jersey 07666 WRN-L-000239-22 09/14/2022 WRN-L-000239-22 09/14/20223:11:38 3:11:38PM PM Pg 1 of 2 Trans TransID: ID:LCV20223326160 LCV20223326160 Civil Case Information Statement Case Details: WARREN | Civil Part Docket# L-000239-22 Case Caption: DRIVE NEW JERSEY INS URANCE VS Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON- FLEURIVAL JHON VERBAL THRESHOLD) Case Initiation Date: 09/14/2022 Document Type: Complaint Attorney Name: ELISSA BREANNE WOLF Jury Demand: NONE Firm Name: JAN MEYER & ASSOCIATES, PC Is this a professional malpractice case? NO Address: 1029 TEANECK RD 2ND FL Related cases pending: NO TEANECK NJ 07666 If yes, list docket numbers: Phone: 2018629500 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : Drive New Jersey Insurance transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): ACE American Insurance Company Are sexual abuse claims alleged by: Drive New Jersey Insurance? NO Are sexual abuse claims alleged by: Drive New Jersey Insurance? 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) WRN-L-000239-22 09/14/2022 WRN-L-000239-22 09/14/20223:11:38 3:11:38PM PM Pg 2 of 2 Trans TransID: ID:LCV20223326160 LCV20223326160 09/14/2022 /s/ ELISSA BREANNE WOLF Dated Signed