Preview
MID-L-004434-22 09/02/2022 1:18:17 PM Pg 1 of 7 Trans ID: LCV20223167170
Kevin C. Decie, Esq. - Attorney ID#: 027111990
BIRKHOLD & MAIDER, LLC
189 Franklin Avenue, Suite
Nutley, NJ 07110
Phone: 973-947-4670
Attorneys for Plaintiff
MRUDULA GANATRA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiffs,
DOCKET NO.: MID-L-
v.
CIVIL ACTION
FAYE TIAN, TUSHAR ROY, JOHN DOE
1-10 (fictitious name representing an
unknown individual) and ABC COMPLAINT AND JURY DEMAND
CORPORATIONS 1-10 (fictitious name
representing an unknown corporation)
Defendants.
Plaintiffs, MRUDULA GANATRA, residing in Edison, County of Middlesex, and State
of New Jersey, individually, by way of Complaint against the defendants, say:
FIRST COUNT
1. On or about January 1, 2021, plaintiff MRUDULA GANATRA was the
owner/operator/passenger of a motor vehicle who was traveling south on the I-287 ramp in
Somerville, County of Somerset, and State of New Jersey.
2. At the aforesaid date, time and place defendant FAYE TIAN was/were the owner
and/or operator of a motor vehicle which was also traveling south on the I-287 ramp in Somerville,
County of Somerset, and State of New Jersey.
2. At the aforesaid date, time and place defendant TUSHAR ROY was/were the owner
and/or operator of a motor vehicle which was also traveling south on the I-287 ramp in Somerville,
County of Somerset, and State of New Jersey.
MID-L-004434-22 09/02/2022 1:18:17 PM Pg 2 of 7 Trans ID: LCV20223167170
4. At the aforesaid date, time and place, defendants FAYE TIAN and TUSHAR ROY
operated and or otherwise allowed his/her motor vehicle to be operated in such a careless, reckless,
and negligent manner so as to cause a collision, resulting in serious, diverse and permanent injuries
to plaintiffs MRUDULA GANATRA.
5. The defendants FAYE TIAN and TUSHAR ROY did operate and/or otherwise allow
his/her motor vehicle to be operated in such a careless, reckless and/or negligent manner and in
violation of the Motor Vehicle and Traffic Acts of the State of New Jersey, so as to cause a serious
collision with great force resulting in severe and permanent injuries to the plaintiff.
6. As a direct and proximate result of the aforesaid carelessness, recklessness and/or
negligence of all defendants aforesaid, plaintiff was violently tossed about the vehicle in which
he/she was traveling and sustained serious bodily injuries resulting in:
a. Death; and/or
b. Disfigurement; and/or
c. Significant disfigurement or significant scarring; and/or
d. A fracture; and/or
e. Loss of fetus; and/or
f. A permanent injury, within a reasonable degree of medical probability,
other than scarring or disfigurement.
7. As a direct and proximate result of the aforesaid carelessness, recklessness and/or
negligence of the defendants, plaintiff was injured, has incurred and in the future will incur
expenses for the treatment of his/her injuries, has/have been disabled and in the future will be
disabled and unable to perform his/her usual functions, has been caused and in the future will be
caused great pain and suffering, to his/her great loss and damage.
MID-L-004434-22 09/02/2022 1:18:17 PM Pg 3 of 7 Trans ID: LCV20223167170
8. As a result of the defendant’s carelessness, recklessness and/or negligence,
plaintiff was prevented from attending to his/her usual duties, daily affairs, and occupation
whereby he sustained loss of income.
WHEREFORE, plaintiff MRUDULA GANATRA demands Judgment against the
defendant FAYE TIAN and TUSHAR ROY on this the First Count of the Complaint and Jury
Demand, for damages, together with interest and costs of suit.
SECOND COUNT
1. Plaintiffs MRUDULA GANATRA repeats each and every allegation of the First
Count of the Complaint and Jury Demand as if same were set forth at length herein.
2. At all times relevant hereto, JOHN DOE 1-10 (fictitious name representing
unknown individuals) and ABC CORPORATIONS 1-10 (fictitious names representing unknown
corporations) were the operators, drivers, owners, or other unknown individual/entity who either
direct, indirectly or in conjunction with any and all defendants named above, contributed to the
injuries sustained by the plaintiff(s) which are the subject matter of this Complaint.
3. As a direct and proximate result of the aforesaid carelessness, recklessness and/or
negligence of the defendants, plaintiff was violently tossed about and sustained serious bodily
injuries resulting in:
a. Death; and/or
b. Disfigurement; and/or
c. Significant disfigurement or significant scarring; and/or
d. A fracture; and/or
e. Loss of fetus; and/or
f. A permanent injury, within a reasonable degree of medical probability,
other than scarring or disfigurement.
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4. As a direct and proximate result of the aforesaid carelessness, recklessness and/or
negligence of the defendants, JOHN DOE -10 (fictitious names representing unknown individuals)
and ABC CORPORATIONS 1-10 (fictitious name representing unknown corporations) plaintiff
was injured, has incurred and in the future will incur expenses for the treatment of his/her injuries,
has been disabled and in the future will be disabled and unable to perform his/her usual functions,
has/have been caused and in the future will be caused great pain and suffering, to his/her/their
great loss and damage.
5. As a result of the defendants’ carelessness, recklessness and/or negligence, plaintiff
was prevented from attending to her usual duties, daily affairs, and occupation whereby he
sustained loss of income.
WHEREFORE, plaintiff MRUDULA GANATRA demands Judgment against the
defendants, JOHN DOE 1-10 (fictitious name representing unknown individuals) and ABC
CORPORATIONS 1-10 (fictitious names representing unknown corporations) on this Count of
the Complaint and Jury Demand, for damages, together with interest and costs of suit.
BIRKHOLD & MAIDER, LLC
Attorneys for Plaintiff
By: _____________________________
Dated: September 2, 2022 Kevin C. Decie, Esq.
Attorney ID#: 027111990
CERTIFICATION PURSUANT TO R. 4:5-1
I hereby certify that the matter in controversy is not the subject of any other action pending
in any court or arbitration proceeding, nor is any other action or arbitration proceeding
contemplated. I further certify that there is/are no other parties who should be joined in the within
action.
MID-L-004434-22 09/02/2022 1:18:17 PM Pg 5 of 7 Trans ID: LCV20223167170
BIRKHOLD & MAIDER, LLC
Attorneys for Plaintiff
By: _____________________________
Dated: September 2, 2022 Kevin C. Decie, Esq.
Attorney ID#: 027111990
DESIGNATION OF TRIAL COUNSEL
Please take notice that pursuant to R. 4:25-4, Kevin C. Decie, Esq., is hereby designated as
trial counsel in this matter.
BIRKHOLD & MAIDER, LLC
Attorneys for Plaintiff
By: _____________________________
Dated: September 2, 2022 Kevin C. Decie, Esq.
Attorney ID#: 027111990
JURY DEMAND
The plaintiff hereby demands a jury trial as to each and every issue in this action so triable.
BIRKHOLD & MAIDER, LLC
Attorneys for Plaintiff
By: _____________________________
Dated: September 2, 2022 Kevin C. Decie, Esq.
Attorney ID#: 027111990
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TransID:
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Civil Case Information Statement
Case Details: MIDDLESEX | Civil Part Docket# L-004434-22
Case Caption: GANATRA MRUDULA VS TIAN FAYE Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
Case Initiation Date: 09/02/2022 THRESHOLD)
Attorney Name: KEVIN CLARENCE DECIE Document Type: Complaint with Jury Demand
Firm Name: BIRKHOLD & MAIDER LLC Jury Demand: YES - 6 JURORS
Address: 189 FRANKLIN AVE STE 1 Is this a professional malpractice case? NO
NUTLEY NJ 07110 Related cases pending: NO
Phone: 9739474670 If yes, list docket numbers:
Name of Party: PLAINTIFF : Ganatra, Mrudula Do you anticipate adding any parties (arising out of same
Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO
(if known): None Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: Mrudula Ganatra? 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)
09/02/2022 /s/ KEVIN CLARENCE DECIE
Dated Signed
Preview
MID-L-004434-22 09/02/2022 1:18:17 PM Pg 1 of 7 Trans ID: LCV20223167170 Kevin C. Decie, Esq. - Attorney ID#: 027111990 BIRKHOLD & MAIDER, LLC 189 Franklin Avenue, Suite Nutley, NJ 07110 Phone: 973-947-4670 Attorneys for Plaintiff MRUDULA GANATRA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiffs, DOCKET NO.: MID-L- v. CIVIL ACTION FAYE TIAN, TUSHAR ROY, JOHN DOE 1-10 (fictitious name representing an unknown individual) and ABC COMPLAINT AND JURY DEMAND CORPORATIONS 1-10 (fictitious name representing an unknown corporation) Defendants. Plaintiffs, MRUDULA GANATRA, residing in Edison, County of Middlesex, and State of New Jersey, individually, by way of Complaint against the defendants, say: FIRST COUNT 1. On or about January 1, 2021, plaintiff MRUDULA GANATRA was the owner/operator/passenger of a motor vehicle who was traveling south on the I-287 ramp in Somerville, County of Somerset, and State of New Jersey. 2. At the aforesaid date, time and place defendant FAYE TIAN was/were the owner and/or operator of a motor vehicle which was also traveling south on the I-287 ramp in Somerville, County of Somerset, and State of New Jersey. 2. At the aforesaid date, time and place defendant TUSHAR ROY was/were the owner and/or operator of a motor vehicle which was also traveling south on the I-287 ramp in Somerville, County of Somerset, and State of New Jersey. MID-L-004434-22 09/02/2022 1:18:17 PM Pg 2 of 7 Trans ID: LCV20223167170 4. At the aforesaid date, time and place, defendants FAYE TIAN and TUSHAR ROY operated and or otherwise allowed his/her motor vehicle to be operated in such a careless, reckless, and negligent manner so as to cause a collision, resulting in serious, diverse and permanent injuries to plaintiffs MRUDULA GANATRA. 5. The defendants FAYE TIAN and TUSHAR ROY did operate and/or otherwise allow his/her motor vehicle to be operated in such a careless, reckless and/or negligent manner and in violation of the Motor Vehicle and Traffic Acts of the State of New Jersey, so as to cause a serious collision with great force resulting in severe and permanent injuries to the plaintiff. 6. As a direct and proximate result of the aforesaid carelessness, recklessness and/or negligence of all defendants aforesaid, plaintiff was violently tossed about the vehicle in which he/she was traveling and sustained serious bodily injuries resulting in: a. Death; and/or b. Disfigurement; and/or c. Significant disfigurement or significant scarring; and/or d. A fracture; and/or e. Loss of fetus; and/or f. A permanent injury, within a reasonable degree of medical probability, other than scarring or disfigurement. 7. As a direct and proximate result of the aforesaid carelessness, recklessness and/or negligence of the defendants, plaintiff was injured, has incurred and in the future will incur expenses for the treatment of his/her injuries, has/have been disabled and in the future will be disabled and unable to perform his/her usual functions, has been caused and in the future will be caused great pain and suffering, to his/her great loss and damage. MID-L-004434-22 09/02/2022 1:18:17 PM Pg 3 of 7 Trans ID: LCV20223167170 8. As a result of the defendant’s carelessness, recklessness and/or negligence, plaintiff was prevented from attending to his/her usual duties, daily affairs, and occupation whereby he sustained loss of income. WHEREFORE, plaintiff MRUDULA GANATRA demands Judgment against the defendant FAYE TIAN and TUSHAR ROY on this the First Count of the Complaint and Jury Demand, for damages, together with interest and costs of suit. SECOND COUNT 1. Plaintiffs MRUDULA GANATRA repeats each and every allegation of the First Count of the Complaint and Jury Demand as if same were set forth at length herein. 2. At all times relevant hereto, JOHN DOE 1-10 (fictitious name representing unknown individuals) and ABC CORPORATIONS 1-10 (fictitious names representing unknown corporations) were the operators, drivers, owners, or other unknown individual/entity who either direct, indirectly or in conjunction with any and all defendants named above, contributed to the injuries sustained by the plaintiff(s) which are the subject matter of this Complaint. 3. As a direct and proximate result of the aforesaid carelessness, recklessness and/or negligence of the defendants, plaintiff was violently tossed about and sustained serious bodily injuries resulting in: a. Death; and/or b. Disfigurement; and/or c. Significant disfigurement or significant scarring; and/or d. A fracture; and/or e. Loss of fetus; and/or f. A permanent injury, within a reasonable degree of medical probability, other than scarring or disfigurement. MID-L-004434-22 09/02/2022 1:18:17 PM Pg 4 of 7 Trans ID: LCV20223167170 4. As a direct and proximate result of the aforesaid carelessness, recklessness and/or negligence of the defendants, JOHN DOE -10 (fictitious names representing unknown individuals) and ABC CORPORATIONS 1-10 (fictitious name representing unknown corporations) plaintiff was injured, has incurred and in the future will incur expenses for the treatment of his/her injuries, has been disabled and in the future will be disabled and unable to perform his/her usual functions, has/have been caused and in the future will be caused great pain and suffering, to his/her/their great loss and damage. 5. As a result of the defendants’ carelessness, recklessness and/or negligence, plaintiff was prevented from attending to her usual duties, daily affairs, and occupation whereby he sustained loss of income. WHEREFORE, plaintiff MRUDULA GANATRA demands Judgment against the defendants, JOHN DOE 1-10 (fictitious name representing unknown individuals) and ABC CORPORATIONS 1-10 (fictitious names representing unknown corporations) on this Count of the Complaint and Jury Demand, for damages, together with interest and costs of suit. BIRKHOLD & MAIDER, LLC Attorneys for Plaintiff By: _____________________________ Dated: September 2, 2022 Kevin C. Decie, Esq. Attorney ID#: 027111990 CERTIFICATION PURSUANT TO R. 4:5-1 I hereby certify that the matter in controversy is not the subject of any other action pending in any court or arbitration proceeding, nor is any other action or arbitration proceeding contemplated. I further certify that there is/are no other parties who should be joined in the within action. MID-L-004434-22 09/02/2022 1:18:17 PM Pg 5 of 7 Trans ID: LCV20223167170 BIRKHOLD & MAIDER, LLC Attorneys for Plaintiff By: _____________________________ Dated: September 2, 2022 Kevin C. Decie, Esq. Attorney ID#: 027111990 DESIGNATION OF TRIAL COUNSEL Please take notice that pursuant to R. 4:25-4, Kevin C. Decie, Esq., is hereby designated as trial counsel in this matter. BIRKHOLD & MAIDER, LLC Attorneys for Plaintiff By: _____________________________ Dated: September 2, 2022 Kevin C. Decie, Esq. Attorney ID#: 027111990 JURY DEMAND The plaintiff hereby demands a jury trial as to each and every issue in this action so triable. BIRKHOLD & MAIDER, LLC Attorneys for Plaintiff By: _____________________________ Dated: September 2, 2022 Kevin C. Decie, Esq. Attorney ID#: 027111990 MID-L-004434-22 09/02/2022 1:18:17 PM Pg 6 of 7 Trans ID: LCV20223167170 MID-L-004434-22 09/02/2022 1:18:17 PM Pg 7 of 7 Trans ID: LCV20223167170 MID-L-004434-22 09/02/2022 MID-L-004434-22 09/02/20221:18:17 1:18:17PM PM Pg 1 of 1 Trans TransID: ID:LCV20223167170 LCV20223167170 Civil Case Information Statement Case Details: MIDDLESEX | Civil Part Docket# L-004434-22 Case Caption: GANATRA MRUDULA VS TIAN FAYE Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL Case Initiation Date: 09/02/2022 THRESHOLD) Attorney Name: KEVIN CLARENCE DECIE Document Type: Complaint with Jury Demand Firm Name: BIRKHOLD & MAIDER LLC Jury Demand: YES - 6 JURORS Address: 189 FRANKLIN AVE STE 1 Is this a professional malpractice case? NO NUTLEY NJ 07110 Related cases pending: NO Phone: 9739474670 If yes, list docket numbers: Name of Party: PLAINTIFF : Ganatra, Mrudula Do you anticipate adding any parties (arising out of same Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO (if known): None Does this case involve claims related to COVID-19? NO Are sexual abuse claims alleged by: Mrudula Ganatra? 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) 09/02/2022 /s/ KEVIN CLARENCE DECIE Dated Signed