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MID-L-000503-23 01/27/2023 10:07:39 AM Pg 1 of 15 Trans ID: LCV2023377151
LIAKAS LAW, P.C.
40 Wall Street, 50th Floor
New York, New York 10005
(212) 937-7765
Attorneys for Plaintiffs
BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO:
vs. SUMMONS
THE STATE OF NEW JERSEY, THE TOWN
OF SPOTWSWOOD, SPOTSWOOD BOARD
OF EDUCATION, JOHN WEITMAN, ABC
CORPORATIONS 1-10 and JOHN DOES 1-
10
Defendant(s).
FROM THE STATE OF NEW JERSEY, To the Defendant(s) Named Above:
THE STATE OF NEW JERSEY, THE TOWN OF SPOTWSWOOD, SPOTSWOOD
BOARD OF EDUCATION and JOHN WEITMAN
The Plaintiffs, named above, has filed a lawsuit against you in the Superior Court of New
Jersey. The Complaint attached to this Summons states the basis for this lawsuit. If you dispute
this Complaint, you or your attorney must file a written answer or motion and proof of service
with the deputy clerk of the Superior Court in the county listed above within 35 days from the date
you received this summons, not counting the date you received it (the address of each deputy clerk
of the Superior Court is provided).
If you do not file and serve a written Answer or Motion within 35 days, the court may enter
a judgment against you for the relief Plaintiff demands, plus interest and costs of suit. If judgment
is entered against you, the Sheriff may seize your money, wages or property to pay all or part of
the judgment.
If you cannot afford an Attorney, you may call the Legal Services office in the county
where you live. A list of these offices is provided. If you do not have an attorney and are not
eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the
Lawyer Referral Services. A list of these numbers is also provided.
DATED: January 26, 2023
/s/ Stephen J. Liakas
Stephen J. Liakas, Esq.
Attorney for the Plaintiff(s)
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Name and Address of Defendants to be served:
THE STATE OF NEW JERSEY
TORT AND CONTRACT UNIT
DEPARTMENT OF THE TREASURY BUREAU OF RISK MGMT.
PO Box 620
Trenton, NJ 08625
THE TOWN OF SPOTSWOOD
77 Summerhill Road
Spotswood, NJ 0884
SPOTSWOOD BOARD OF EDUCATION
105 Summerhill Road
Spotswood, NJ 08884
JOHN WEITMAN
82 Norman Lane
Oldbridge, NJ 08857
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SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
BERNICE EUGENE and ENRIKO ALIDA, INDEX NO:
Plaintiff(s), CIVIL ACTION
vs. COMPLAINT, DEMAND FOR
INTERROGATORIES, NOTICE TO
PRODUCE, JURY DEMAND AND
THE STATE OF NEW JERSEY, THE TOWN DESIGNATION OF TRIAL
OF SPOTWSWOOD, SPOTSWOOD BOARD COUNSEL
OF EDUCATION, JOHN WEITMAN, ABC
CORPORATIONS 1-10 and JOHN DOES 1- JURY TRIAL DEMANDED
10,
Defendant(s).
Plaintiffs, by their attorneys, LIAKAS LAW, P.C., as and for this Verified Complaint,
respectfully allege, upon information and belief:
COUNT ONE
1. That Plaintiff, BERNICE EUGENE, at all times herein mentioned, was and still is a resident
of the State of New York.
2. That Plaintiff, ENRIKO ALIDA, at all times herein mentioned, was and still is a resident of
the State of New Jersey.
3. That on or about June 10, 2021, a Notice of Claim was served on the defendant, THE
STATE OF NEW JERSEY, prior to the commencement of this action.
4. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA,
herein duly presented in writing to the defendant, THE STATE OF NEW JERSEY, the
claim for damages herein set forth and upon which this action is founded and that said claim
was presented for adjustment.
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5. That more than 30 days have elapsed since the said Notice of Claim was served upon the
defendant and the defendant, THE STATE OF NEW JERSEY, has failed and refused to
make an adjustment of any claim herein set forth.
6. That on or about June 10, 2021, a Notice of Claim was served on the defendant, THE
TOWN OF SPOTSWOOD, prior to the commencement of this action.
7. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA,
herein duly presented in writing to the defendant, THE TOWN OF SPOTSWOOD, the
claim for damages herein set forth and upon which this action is founded and that said claim
was presented for adjustment.
8. That more than 30 days have elapsed since the said Notice of Claim was served upon the
defendant and the defendant, THE TOWN OF SPOTSWOOD, has failed and refused to
make an adjustment of any claim herein set forth.
9. That on or about June 10, 2021, a Notice of Claim was served on the defendant,
SPOTSWOOD BOARD OF EDUCATION, prior to the commencement of this action.
10. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA,
herein duly presented in writing to the defendant, SPOTSWOOD BOARD OF
EDUCATION, the claim for damages herein set forth and upon which this action is
founded, and that said claim was presented for adjustment.
11. That more than 30 days have elapsed since the said Notice of Claim was served upon the
defendant and the defendant, SPOTSWOOD BOARD OF EDUCATION, has failed and
refused to make an adjustment of any claim herein set forth.
12. The Defendant, JOHN WEITMAN, at all times herein mentioned was and still is a
resident of the State of New Jersey.
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13. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the
owner of a certain motor vehicle with license plate number K546S1, as issued by the State
of New Jersey.
14. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the
lessee of a certain motor vehicle with license plate number K546S1, as issued by the State
of New Jersey.
15. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the
lessor of a certain motor vehicle with license plate number K546S1, as issued by the State
of New Jersey.
16. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the
operator of a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
17. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY,
maintained a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
18. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY,
controlled a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
19. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, operated,
maintained and controlled a certain motor vehicle with license plate number K546S1, as
issued by the State of New Jersey.
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20. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, operated,
maintained and/or controlled a certain motor vehicle with license plate number K546S1, as
issued by the State of New Jersey, with the knowledge, permission and consent of its owner.
21. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was
the owner of a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
22. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was
the lessee of a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
23. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was
the lessor of a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
24. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was the
operator of a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
25. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD,
maintained a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
26. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD,
controlled a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
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27. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD,
operated, maintained and controlled a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey.
28. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD,
operated, maintained and/or controlled a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent
of its owner.
29. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF
EDUCATION, was the owner of a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey.
30. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF
EDUCATION, was the lessee of a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey.
31. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF
EDUCATION, was the lessor of a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey.
32. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION,
was the operator of a certain motor vehicle with license plate number K546S1, as issued by
the State of New Jersey.
33. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION,
maintained a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
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34. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF
EDUCATION, controlled a certain motor vehicle with license plate number K546S1, as
issued by the State of New Jersey.
35. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION,
operated, maintained and controlled a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey.
36. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION,
operated, maintained and/or controlled a certain motor vehicle with license plate number
K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent
of its owner.
37. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the owner of a
certain motor vehicle with license plate number K546S1, as issued by the State of New
Jersey.
38. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the lessee of a
certain motor vehicle with license plate number K546S1, as issued by the State of New
Jersey.
39. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the lessor of a
certain motor vehicle with license plate number K546S1, as issued by the State of New
Jersey.
40. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the operator of a
certain motor vehicle with license plate number K546S1, as issued by the State of New
Jersey.
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41. On or about March 26, 2021, the Defendant, JOHN WEITMAN, maintained a certain
motor vehicle with license plate number K546S1, as issued by the State of New Jersey.
42. On or about March 26, 2021, the Defendant, JOHN WEITMAN, controlled a certain
motor vehicle with license plate number K546S1, as issued by the State of New Jersey.
43. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and
controlled a certain motor vehicle with license plate number K546S1, as issued by the
State of New Jersey.
44. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained
and/or controlled a certain motor vehicle with license plate number K546S1, as issued by
the State of New Jersey, with the knowledge, permission and consent of its owner.
45. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by
Defendant, THE STATE OF NEW JERSEY.
46. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained
and/or controlled a certain motor vehicle with license plate number K546S1, as issued by
the State of New Jersey, within the scope of his employment for Defendant, THE STATE
OF NEW JERSEY.
47. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by
Defendant, THE TOWN OF SPOTSWOOD.
48. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained
and/or controlled a certain motor vehicle with license plate number K546S1, as issued by
the State of New Jersey, within the scope of his employment for Defendant, THE TOWN
OF SPOTSWOOD.
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49. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by
Defendant, SPOTSWOOD BOARD OF EDUCATION.
50. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained
and/or controlled a certain motor vehicle with license plate number K546S1, as issued by
the State of New Jersey, within the scope of his employment for Defendant, SPOTSWOOD
BOARD OF EDUCATION.
51. Defendants, ABC CORPORATIONS 1-10 and JOHN DOES 1-10, may be the true
owners, operators, lessors, lessees, agents, servants, employers, employees and/or any other
persons or entities with an interest in the subject vehicles and/or the accident in question.
52. That at all times herein mentioned, the roadway known as Highway 18, at or near West
Ferris Street, in the County of Middlesex and State of New Jersey, was and still is a public
roadway used extensively by the public in general.
53. On or about March 26, 2021, the Plaintiff, BERNICE EUGENE, was a passenger of a
certain motor vehicle with license plate number G55MSB, as issued by the State of New
Jersey, at the hereinafter described.
54. On or about March 26, 2021, the Plaintiff, ENRIKO ALIDA, was the operator of a certain
motor vehicle with license plate number G55MSB, as issued by the State of New Jersey, at
the hereinafter described.
55. On or about March 26, 2021, at the aforesaid location, the aforesaid motor vehicles came
into contact with each other.
56. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as
a result of the careless and negligent manner in which the Defendant(s) owned, operated,
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maintained and controlled the motor vehicle without this Plaintiff in any way contributing
thereto.
57. That by reason of the foregoing and the negligence of the Defendant(s), the Plaintiff,
BERNICE EUGENE, was severely injured, bruised and wounded, suffered, still suffers
and will continue to suffer for some time physical pain and bodily injuries and became
sick, sore, lame and disabled and so remained for a considerable length of time.
58. That by reason of the foregoing and the negligence of the Defendant(s), the Plaintiff,
ENRIKO ALIDA, was severely injured, bruised and wounded, suffered, still suffers and
will continue to suffer for some time physical pain and bodily injuries and became sick,
sore, lame and disabled and so remained for a considerable length of time.
59. That by reason of the foregoing, the Plaintiff, BERNICE EUGENE, was compelled to
and did necessarily require medical aid and attention and did necessarily pay and become
liable therefor for medicines and upon information and belief, the Plaintiff, BERNICE
EUGENE, will necessarily incur similar expenses.
60. That by reason of the foregoing, the Plaintiff, ENRIKO ALIDA, was compelled to and
did necessarily require medical aid and attention and did necessarily pay and become
liable therefor for medicines and upon information and belief, the Plaintiff, ENRIKO
ALIDA, will necessarily incur similar expenses.
61. That by reason of the foregoing, the Plaintiff, BERNICE EUGENE, has been unable to
attend to his usual occupation in the manner required.
62. That by reason of the foregoing, the Plaintiff, ENRIKO ALIDA, has been unable to
attend to his usual occupation in the manner required.
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63. The aforesaid accident was due solely as a result of the Defendants’ negligence and
carelessness and operation of said vehicle.
64. By reason of the forgoing, the Plaintiff was caused to suffer severe and serious personal
injuries to mind and body, and further, that the Plaintiff was subject to great physical pain
and mental anguish.
JURY DEMAND
Pursuant to R. 1:8-2(b) and 4:35-1, Plaintiff hereby demands a Trial by Jury on all the
issues raised in the within Pleadings.
DESIGNATION OF TRIAL COUNSEL
Please take notice that STEPHEN J. LIAKAS, ESQ. is hereby designated as Trial Counsel
in the above-captioned matter for the firm of LIAKAS LAW, P.C., pursuant to Rule 4:25 et. seq.
CERTIFICATION PURSUANT TO R. 4:5-1
I hereby certify that this matter is the not the subject matter of any other suit presently
pending in any other Court or in any American Arbitration proceedings.
Dated: New York, New York
January 26, 2023
Respectfully,
LIAKAS LAW, P.C.
Attorneys for Plaintiff
/s/ Stephen J. Liakas
BY: Stephen J. Liakas, Esq.
N.J. Attorney ID: 030222011
40 Wall Street, 50th Floor
New York, New York
(212) 937-7765
SL@Liakaslaw.com
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DEMAND FOR PRODUCTION OF INTERROGATORIES
PLEASE TAKE NOTICE that, pursuant to R. 4:17, Plaintiff hereby demand that each
Defendant provide to this office responses to Form C and C (1) Interrogatories within the time
prescribed by the rules of this Court.
NOTICE TO PRODUCE
Pursuant to R. 4:18-1, the Plaintiffs hereby demand that each Defendant produce the
following documentation within the time prescribed by the Rules of Court. Additionally, please
be advised that the following requests are ongoing and continuing in nature and the Defendants
are therefore required to continuously update its responses thereto as new information or
documentation comes into existence.
1. The amounts of any and all insurance coverage covering the Defendants, including but not
limited to, primary insurance policies, secondary insurance policies and\or umbrella
insurance policies. As to each policy available, please provide the following information
(a) number; (b) name and address of insurer or issuer; (c) inception and expiration dates;
(d) names and addresses of all persons insured thereunder; (e) personal injury limits; (f)
property damage limits; and (g) medical payment limits. For each such policy of insurance,
supply a copy of the declaration page therefrom.
2. Copies of any and all documentation or reports, including but not limited to, police reports,
accident reports and\or incident reports concerning the happening of the incident in
question or any subsequent investigation of same.
3. Copies or duplicates of any and all photographs, motion pictures, videotapes, films,
drawings, diagrams, sketches or other reproductions, descriptions or accounts concerning
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the individuals involved in the incident in question, the property damage sustained, the
accident scene, or anything else relevant to the incident in question.
4. Copies of any and signed or unsigned statements, documents, communications, and\or
transmissions, whether in writing, made orally or otherwise recorded by any mechanical or
electronic means, made by any party to this action, any witness, or any other individual,
businesses, corporation, investigative authority or other entity concerning anything
relevant to the incident in question.
5. Copies of any and all documentation, including but not limited to, safety manuals, statutes,
rules, regulations, books, and\or industry standards which refer to, reflect or otherwise
relate to the incident in question or any potential defense to the action in question.
6. Copies of any and all discovery received from any other parties to the action in question.
7. Copies of any and all reports on the plaintiff received by the Defendants, or any other party
to this suit, from either Central Index Bureau (C.I.B.).
8. Copies of any and all medical information and\or documentation concerning the plaintiff
in this matter whether it concerns any medical condition or treatment which took place
before, during or after the time of the incident in question.
9. Copies of any all records of any type subpoenaed by the Defendants or received from any
other source concerning the plaintiff or the incident in question.
10. Copies of the cellular phone bills or any and all phones that each Defendant has access to
on the date of the subject accident.
11. Copy of the entire property damage file maintained by each Defendant, their insurance
companies and their respective counsel including but not limited to photos and repair
estimates for all vehicles involved in the subject accident.
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12. Names and current addresses of the individual(s) who last inspected the Defendants’
vehicle prior to the subject collision, whether by a governmental authority of by an agent,
servant and\or employee of these Defendants (e.g. daily inspections prior to operation).
13. Names and current addresses of all occupants to this Defendants’ vehicle at the time of the
subject collision.
14. If this Defendant contends that the Plaintiff’s injuries were caused by another incident or
some other physical condition, disease or injury, set forth the nature of and attach a copy
of all written documents relating thereto that are in the possession of the Defendants.
15. If these Defendants intend to produce at trial the testimony of any expert witnesses,
including the treating physicians or any persons who have conducted an examination
pursuant to R. 4:19, set forth the names and addresses of the witnesses, their areas of
expertise, the subject matter on which they are expected to testify and a summary of the
grounds of each opinion. Attach a true copy of all written reports provided to these
Defendants by such witnesses and a summary or any oral reports.
16. List any and all telephone numbers contained on Defendants’ vehicles which ask other
drivers on the road to call regarding the manner in which Defendants’ vehicle was being
operated. Please provide any logs that track the calls together with the callers’ names and
addresses, dates calls were received and the specific complaint/comment and specific
driver that each call pertains to.
17. Provide your website address(es).
Dated: New York, New York
January 26, 2023 Respectfully,
LIAKAS LAW, P.C.
/s/ Stephen J. Liakas
BY: Stephen J. Liakas, Esq.
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Civil Case Information Statement
Case Details: MIDDLESEX | Civil Part Docket# L-000503-23
Case Caption: EUGENE BERNICE VS THE STATE OF Case Type: PERSONAL INJURY
NEW JER SEY Document Type: Complaint with Jury Demand
Case Initiation Date: 01/27/2023 Jury Demand: YES - 6 JURORS
Attorney Name: STEPHEN JOHN LIAKAS Is this a professional malpractice case? NO
Firm Name: LIAKAS LAW, PC Related cases pending: NO
Address: 40 WALL ST 50TH FL If yes, list docket numbers:
NEW YORK NY 10005 Do you anticipate adding any parties (arising out of same
Phone: 2129377765 transaction or occurrence)? YES
Name of Party: PLAINTIFF : Eugene, Bernice 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: Bernice Eugene? NO
Are sexual abuse claims alleged by: Enriko Alida? 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)
01/27/2023 /s/ STEPHEN JOHN LIAKAS
Dated Signed
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Preview
MID-L-000503-23 01/27/2023 10:07:39 AM Pg 1 of 15 Trans ID: LCV2023377151 LIAKAS LAW, P.C. 40 Wall Street, 50th Floor New York, New York 10005 (212) 937-7765 Attorneys for Plaintiffs BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff(s), DOCKET NO: vs. SUMMONS THE STATE OF NEW JERSEY, THE TOWN OF SPOTWSWOOD, SPOTSWOOD BOARD OF EDUCATION, JOHN WEITMAN, ABC CORPORATIONS 1-10 and JOHN DOES 1- 10 Defendant(s). FROM THE STATE OF NEW JERSEY, To the Defendant(s) Named Above: THE STATE OF NEW JERSEY, THE TOWN OF SPOTWSWOOD, SPOTSWOOD BOARD OF EDUCATION and JOHN WEITMAN The Plaintiffs, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The Complaint attached to this Summons states the basis for this lawsuit. If you dispute this Complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it (the address of each deputy clerk of the Superior Court is provided). If you do not file and serve a written Answer or Motion within 35 days, the court may enter a judgment against you for the relief Plaintiff demands, plus interest and costs of suit. If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment. If you cannot afford an Attorney, you may call the Legal Services office in the county where you live. A list of these offices is provided. If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. DATED: January 26, 2023 /s/ Stephen J. Liakas Stephen J. Liakas, Esq. Attorney for the Plaintiff(s) MID-L-000503-23 01/27/2023 10:07:39 AM Pg 2 of 15 Trans ID: LCV2023377151 Name and Address of Defendants to be served: THE STATE OF NEW JERSEY TORT AND CONTRACT UNIT DEPARTMENT OF THE TREASURY BUREAU OF RISK MGMT. PO Box 620 Trenton, NJ 08625 THE TOWN OF SPOTSWOOD 77 Summerhill Road Spotswood, NJ 0884 SPOTSWOOD BOARD OF EDUCATION 105 Summerhill Road Spotswood, NJ 08884 JOHN WEITMAN 82 Norman Lane Oldbridge, NJ 08857 MID-L-000503-23 01/27/2023 10:07:39 AM Pg 3 of 15 Trans ID: LCV2023377151 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY BERNICE EUGENE and ENRIKO ALIDA, INDEX NO: Plaintiff(s), CIVIL ACTION vs. COMPLAINT, DEMAND FOR INTERROGATORIES, NOTICE TO PRODUCE, JURY DEMAND AND THE STATE OF NEW JERSEY, THE TOWN DESIGNATION OF TRIAL OF SPOTWSWOOD, SPOTSWOOD BOARD COUNSEL OF EDUCATION, JOHN WEITMAN, ABC CORPORATIONS 1-10 and JOHN DOES 1- JURY TRIAL DEMANDED 10, Defendant(s). Plaintiffs, by their attorneys, LIAKAS LAW, P.C., as and for this Verified Complaint, respectfully allege, upon information and belief: COUNT ONE 1. That Plaintiff, BERNICE EUGENE, at all times herein mentioned, was and still is a resident of the State of New York. 2. That Plaintiff, ENRIKO ALIDA, at all times herein mentioned, was and still is a resident of the State of New Jersey. 3. That on or about June 10, 2021, a Notice of Claim was served on the defendant, THE STATE OF NEW JERSEY, prior to the commencement of this action. 4. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA, herein duly presented in writing to the defendant, THE STATE OF NEW JERSEY, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 4 of 15 Trans ID: LCV2023377151 5. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE STATE OF NEW JERSEY, has failed and refused to make an adjustment of any claim herein set forth. 6. That on or about June 10, 2021, a Notice of Claim was served on the defendant, THE TOWN OF SPOTSWOOD, prior to the commencement of this action. 7. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA, herein duly presented in writing to the defendant, THE TOWN OF SPOTSWOOD, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. 8. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE TOWN OF SPOTSWOOD, has failed and refused to make an adjustment of any claim herein set forth. 9. That on or about June 10, 2021, a Notice of Claim was served on the defendant, SPOTSWOOD BOARD OF EDUCATION, prior to the commencement of this action. 10. That on or about June 10, 2021, plaintiffs, BERNICE EUGENE and ENRIKO ALIDA, herein duly presented in writing to the defendant, SPOTSWOOD BOARD OF EDUCATION, the claim for damages herein set forth and upon which this action is founded, and that said claim was presented for adjustment. 11. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, SPOTSWOOD BOARD OF EDUCATION, has failed and refused to make an adjustment of any claim herein set forth. 12. The Defendant, JOHN WEITMAN, at all times herein mentioned was and still is a resident of the State of New Jersey. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 5 of 15 Trans ID: LCV2023377151 13. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the owner of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 14. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the lessee of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 15. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the lessor of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 16. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, was the operator of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 17. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, maintained a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 18. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 19. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, operated, maintained and controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 6 of 15 Trans ID: LCV2023377151 20. On or about March 26, 2021, the Defendant, THE STATE OF NEW JERSEY, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent of its owner. 21. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was the owner of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 22. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was the lessee of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 23. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was the lessor of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 24. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, was the operator of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 25. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, maintained a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 26. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 7 of 15 Trans ID: LCV2023377151 27. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, operated, maintained and controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 28. On or about March 26, 2021, the Defendant, THE TOWN OF SPOTWSWOOD, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent of its owner. 29. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, was the owner of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 30. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, was the lessee of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 31. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, was the lessor of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 32. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, was the operator of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 33. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, maintained a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 8 of 15 Trans ID: LCV2023377151 34. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 35. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, operated, maintained and controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 36. On or about March 26, 2021, the Defendant, SPOTSWOOD BOARD OF EDUCATION, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent of its owner. 37. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the owner of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 38. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the lessee of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 39. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the lessor of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 40. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was the operator of a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 9 of 15 Trans ID: LCV2023377151 41. On or about March 26, 2021, the Defendant, JOHN WEITMAN, maintained a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 42. On or about March 26, 2021, the Defendant, JOHN WEITMAN, controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 43. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey. 44. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, with the knowledge, permission and consent of its owner. 45. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by Defendant, THE STATE OF NEW JERSEY. 46. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, within the scope of his employment for Defendant, THE STATE OF NEW JERSEY. 47. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by Defendant, THE TOWN OF SPOTSWOOD. 48. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, within the scope of his employment for Defendant, THE TOWN OF SPOTSWOOD. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 10 of 15 Trans ID: LCV2023377151 49. On or about March 26, 2021, the Defendant, JOHN WEITMAN, was employed by Defendant, SPOTSWOOD BOARD OF EDUCATION. 50. On or about March 26, 2021, the Defendant, JOHN WEITMAN, operated, maintained and/or controlled a certain motor vehicle with license plate number K546S1, as issued by the State of New Jersey, within the scope of his employment for Defendant, SPOTSWOOD BOARD OF EDUCATION. 51. Defendants, ABC CORPORATIONS 1-10 and JOHN DOES 1-10, may be the true owners, operators, lessors, lessees, agents, servants, employers, employees and/or any other persons or entities with an interest in the subject vehicles and/or the accident in question. 52. That at all times herein mentioned, the roadway known as Highway 18, at or near West Ferris Street, in the County of Middlesex and State of New Jersey, was and still is a public roadway used extensively by the public in general. 53. On or about March 26, 2021, the Plaintiff, BERNICE EUGENE, was a passenger of a certain motor vehicle with license plate number G55MSB, as issued by the State of New Jersey, at the hereinafter described. 54. On or about March 26, 2021, the Plaintiff, ENRIKO ALIDA, was the operator of a certain motor vehicle with license plate number G55MSB, as issued by the State of New Jersey, at the hereinafter described. 55. On or about March 26, 2021, at the aforesaid location, the aforesaid motor vehicles came into contact with each other. 56. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in which the Defendant(s) owned, operated, MID-L-000503-23 01/27/2023 10:07:39 AM Pg 11 of 15 Trans ID: LCV2023377151 maintained and controlled the motor vehicle without this Plaintiff in any way contributing thereto. 57. That by reason of the foregoing and the negligence of the Defendant(s), the Plaintiff, BERNICE EUGENE, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 58. That by reason of the foregoing and the negligence of the Defendant(s), the Plaintiff, ENRIKO ALIDA, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 59. That by reason of the foregoing, the Plaintiff, BERNICE EUGENE, was compelled to and did necessarily require medical aid and attention and did necessarily pay and become liable therefor for medicines and upon information and belief, the Plaintiff, BERNICE EUGENE, will necessarily incur similar expenses. 60. That by reason of the foregoing, the Plaintiff, ENRIKO ALIDA, was compelled to and did necessarily require medical aid and attention and did necessarily pay and become liable therefor for medicines and upon information and belief, the Plaintiff, ENRIKO ALIDA, will necessarily incur similar expenses. 61. That by reason of the foregoing, the Plaintiff, BERNICE EUGENE, has been unable to attend to his usual occupation in the manner required. 62. That by reason of the foregoing, the Plaintiff, ENRIKO ALIDA, has been unable to attend to his usual occupation in the manner required. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 12 of 15 Trans ID: LCV2023377151 63. The aforesaid accident was due solely as a result of the Defendants’ negligence and carelessness and operation of said vehicle. 64. By reason of the forgoing, the Plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, that the Plaintiff was subject to great physical pain and mental anguish. JURY DEMAND Pursuant to R. 1:8-2(b) and 4:35-1, Plaintiff hereby demands a Trial by Jury on all the issues raised in the within Pleadings. DESIGNATION OF TRIAL COUNSEL Please take notice that STEPHEN J. LIAKAS, ESQ. is hereby designated as Trial Counsel in the above-captioned matter for the firm of LIAKAS LAW, P.C., pursuant to Rule 4:25 et. seq. CERTIFICATION PURSUANT TO R. 4:5-1 I hereby certify that this matter is the not the subject matter of any other suit presently pending in any other Court or in any American Arbitration proceedings. Dated: New York, New York January 26, 2023 Respectfully, LIAKAS LAW, P.C. Attorneys for Plaintiff /s/ Stephen J. Liakas BY: Stephen J. Liakas, Esq. N.J. Attorney ID: 030222011 40 Wall Street, 50th Floor New York, New York (212) 937-7765 SL@Liakaslaw.com MID-L-000503-23 01/27/2023 10:07:39 AM Pg 13 of 15 Trans ID: LCV2023377151 DEMAND FOR PRODUCTION OF INTERROGATORIES PLEASE TAKE NOTICE that, pursuant to R. 4:17, Plaintiff hereby demand that each Defendant provide to this office responses to Form C and C (1) Interrogatories within the time prescribed by the rules of this Court. NOTICE TO PRODUCE Pursuant to R. 4:18-1, the Plaintiffs hereby demand that each Defendant produce the following documentation within the time prescribed by the Rules of Court. Additionally, please be advised that the following requests are ongoing and continuing in nature and the Defendants are therefore required to continuously update its responses thereto as new information or documentation comes into existence. 1. The amounts of any and all insurance coverage covering the Defendants, including but not limited to, primary insurance policies, secondary insurance policies and\or umbrella insurance policies. As to each policy available, please provide the following information (a) number; (b) name and address of insurer or issuer; (c) inception and expiration dates; (d) names and addresses of all persons insured thereunder; (e) personal injury limits; (f) property damage limits; and (g) medical payment limits. For each such policy of insurance, supply a copy of the declaration page therefrom. 2. Copies of any and all documentation or reports, including but not limited to, police reports, accident reports and\or incident reports concerning the happening of the incident in question or any subsequent investigation of same. 3. Copies or duplicates of any and all photographs, motion pictures, videotapes, films, drawings, diagrams, sketches or other reproductions, descriptions or accounts concerning MID-L-000503-23 01/27/2023 10:07:39 AM Pg 14 of 15 Trans ID: LCV2023377151 the individuals involved in the incident in question, the property damage sustained, the accident scene, or anything else relevant to the incident in question. 4. Copies of any and signed or unsigned statements, documents, communications, and\or transmissions, whether in writing, made orally or otherwise recorded by any mechanical or electronic means, made by any party to this action, any witness, or any other individual, businesses, corporation, investigative authority or other entity concerning anything relevant to the incident in question. 5. Copies of any and all documentation, including but not limited to, safety manuals, statutes, rules, regulations, books, and\or industry standards which refer to, reflect or otherwise relate to the incident in question or any potential defense to the action in question. 6. Copies of any and all discovery received from any other parties to the action in question. 7. Copies of any and all reports on the plaintiff received by the Defendants, or any other party to this suit, from either Central Index Bureau (C.I.B.). 8. Copies of any and all medical information and\or documentation concerning the plaintiff in this matter whether it concerns any medical condition or treatment which took place before, during or after the time of the incident in question. 9. Copies of any all records of any type subpoenaed by the Defendants or received from any other source concerning the plaintiff or the incident in question. 10. Copies of the cellular phone bills or any and all phones that each Defendant has access to on the date of the subject accident. 11. Copy of the entire property damage file maintained by each Defendant, their insurance companies and their respective counsel including but not limited to photos and repair estimates for all vehicles involved in the subject accident. MID-L-000503-23 01/27/2023 10:07:39 AM Pg 15 of 15 Trans ID: LCV2023377151 12. Names and current addresses of the individual(s) who last inspected the Defendants’ vehicle prior to the subject collision, whether by a governmental authority of by an agent, servant and\or employee of these Defendants (e.g. daily inspections prior to operation). 13. Names and current addresses of all occupants to this Defendants’ vehicle at the time of the subject collision. 14. If this Defendant contends that the Plaintiff’s injuries were caused by another incident or some other physical condition, disease or injury, set forth the nature of and attach a copy of all written documents relating thereto that are in the possession of the Defendants. 15. If these Defendants intend to produce at trial the testimony of any expert witnesses, including the treating physicians or any persons who have conducted an examination pursuant to R. 4:19, set forth the names and addresses of the witnesses, their areas of expertise, the subject matter on which they are expected to testify and a summary of the grounds of each opinion. Attach a true copy of all written reports provided to these Defendants by such witnesses and a summary or any oral reports. 16. List any and all telephone numbers contained on Defendants’ vehicles which ask other drivers on the road to call regarding the manner in which Defendants’ vehicle was being operated. Please provide any logs that track the calls together with the callers’ names and addresses, dates calls were received and the specific complaint/comment and specific driver that each call pertains to. 17. Provide your website address(es). Dated: New York, New York January 26, 2023 Respectfully, LIAKAS LAW, P.C. /s/ Stephen J. Liakas BY: Stephen J. Liakas, Esq. MID-L-000503-23 01/27/2023 MID-L-000503-23 01/27/202310:07:39 10:07:39AM AM Pg 1 of 2 Trans TransID: ID:LCV2023377151 LCV2023377151 Civil Case Information Statement Case Details: MIDDLESEX | Civil Part Docket# L-000503-23 Case Caption: EUGENE BERNICE VS THE STATE OF Case Type: PERSONAL INJURY NEW JER SEY Document Type: Complaint with Jury Demand Case Initiation Date: 01/27/2023 Jury Demand: YES - 6 JURORS Attorney Name: STEPHEN JOHN LIAKAS Is this a professional malpractice case? NO Firm Name: LIAKAS LAW, PC Related cases pending: NO Address: 40 WALL ST 50TH FL If yes, list docket numbers: NEW YORK NY 10005 Do you anticipate adding any parties (arising out of same Phone: 2129377765 transaction or occurrence)? YES Name of Party: PLAINTIFF : Eugene, Bernice 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: Bernice Eugene? NO Are sexual abuse claims alleged by: Enriko Alida? 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) 01/27/2023 /s/ STEPHEN JOHN LIAKAS Dated Signed MID-L-000503-23 01/27/2023 MID-L-000503-23 01/27/202310:07:39 10:07:39AM AM Pg 2 of 2 Trans TransID: ID:LCV2023377151 LCV2023377151