Motion for Summary Judgment in Eugene Bernice Vs The State Of New Jer Sey| Trellis.Law

On January 27, 2023 a Motion,Ex Parte was filed involving a dispute between Bernice Eugene, Enriko Alida, and 0 Abc Corporations 1-1, John Does 1-10, John Weitman, Spotswood Board Of Education, The State Of New Jersey, The Town Of Spotswood, for Personal Injury in the District Court of Middlesex County.

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MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, New Jersey 08625
Attorney for Defendant,
State of New Jersey

By: Bernadette Dronson (034551989)
Deputy Attorney General
609-376-2819
Bernadette.Dronson@law.njoag.gov
DOL# 23-00399

BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Plaintiff(s),
Docket No. MID-L-503-23
vs.

THE STATE OF NEW JERSEY, THE CIVIL ACTION
TOWN OF SPOTSWOOD, SPOTSWOOD
BOARD OF EDUCATION, JOHN
WEITMAN, ABC CORPORATIONS 1-10 NOTICE OF MOTION
and JOHN DOES 1-10, ON BEHALF OF DEFENDANT STATE OF
NEW JERSEY FOR SUMMARY JUDGMENT
Defendant(s). PURSUANT TO RULE 4:46-2

TO: Civil and General Equity Parts
Middlesex County Superior Court
Courthouse, Tower Floor 2
56 Paterson Street
P.O. Box 2633
New Brunswick, NJ 08903-2633

All counsel of record via eCourts

PLEASE TAKE NOTICE that, on Friday, July 21, 2023, or as soon

thereafter as counsel may be heard, the undersigned, attorney for

Defendant State of New Jersey, will apply to the Presiding Civil

Judge, or his designee, of the Superior Court of New Jersey, Law
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Division Middlesex County, for an Order Granting Summary Judgment

dismissing the Plaintiff's Complaint and any and all Crossclaims

against the State of New Jersey with prejudice pursuant to Rule

4:46-1, et seq.

PLEASE TAKE FURTHER NOTICE that, pursuant to R. 1:6-2, it is

requested that the Court consider this motion on the papers

submitted unless opposition is entered, in which case oral argument

is requested.

In support of its motion, Defendant will rely upon the

attached Statement of Material Facts, Brief, Exhibits and

Certification of Counsel.

A proposed form of Order is attached.

Discovery End Date: December 26, 2023

Arbitration Date: None

Trial Date: None

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY

By:_/s/_ Bernadette Dronson __
Bernadette Dronson
Deputy Attorney General
034551989

DATE: June 23, 2023
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MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, New Jersey 08625
Attorney for Defendant,
State of New Jersey

By: Bernadette Dronson (034551989)
Deputy Attorney General
609-376-2819
Bernadette.Dronson@law.njoag.gov
DOL# 23-00399
BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Plaintiff(s),
Docket No. MID-L-503-23
vs.

THE STATE OF NEW JERSEY, THE CIVIL ACTION
TOWN OF SPOTSWOOD, SPOTSWOOD
BOARD OF EDUCATION, JOHN
WEITMAN, ABC CORPORATIONS 1-10
and JOHN DOES 1-10, ORDER GRANTING SUMMARY
JUDGMENT DISMISSING THE
Defendant(s). PLAINTIFF’S COMPLAINT AND
ANY AND ALL CROSS-CLAIMS,
WITH PREJUDICE, IN FAVOR OF
DEFENDANT STATE OF NEW
JERSEY

This matter having been opened to the Court on application of Matthew

J. Platkin, Attorney General of New Jersey, Bernadette Dronson, Deputy

Attorney General, appearing on behalf of Defendant State of New Jersey for an

Order Granting Summary Judgment, and the Court having considered the

moving papers and for good cause shown,
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It is on this ____________ day of _________, 2023

ORDERED that summary judgment is hereby granted in favor of

Defendant State of New Jersey, dismissing Plaintiffs’ Complaint and any and

all crossclaims against it and its employees with prejudice; and it is further

ORDERED that a copy of this Order shall be served upon all counsel of

record within 10 days of receipt hereof.

______________________________________

_____ Opposed

_____ Unopposed
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MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, New Jersey 08625
Attorney for Defendant,
State of New Jersey

By: Bernadette Dronson (034551989)
Deputy Attorney General
609-376-2819
Bernadette.Dronson@law.njoag.gov
DOL# 23-00399

BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Plaintiff(s),
Docket No. MID-L-503-23
vs.

THE STATE OF NEW JERSEY, THE CIVIL ACTION
TOWN OF SPOTSWOOD, SPOTSWOOD
BOARD OF EDUCATION, JOHN
WEITMAN, ABC CORPORATIONS 1-10 STATEMENT OF MATERIAL FACTS
and JOHN DOES 1-10,

Defendant(s).

Pursuant to Rule 4:46-2(a), Defendant State of New Jersey

submits the following Statement of Material Facts:

1. This matter arises out of a motor vehicle accident

between a school bus and another motor vehicle which occurred on

or about March 26, 2021. (See Plaintiffs' Complaint attached to

the Certification of Counsel as Exhibit A.)

2. Plaintiff alleges that the State of New Jersey owned or

leased the school bus bearing license plate K546S1 which allegedly

was involved in this accident and/or employed John Weitman, the

alleged driver of the school bus.
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3. Plaintiff also alleges that the school bus was owned or

leased by the co-defendants and also that the co-defendants

employed the driver of the school bus. (See Exhibit A.)

4. The State of New Jersey does not now and did not at the

time of the subject incident nor at any time relevant to this

action, have ownership control or maintenance of the subject school

bus. (See Certification of George Krumenacker attached to the

Certification of Counsel as Exhibit B.)

5. The State of New Jersey does not now, and did not at the

time of the subject incident employ John Weitman, the purported

driver of the subject school bus. (See Certification of Nadia

Jordan attached to the Certification of Counsel as Exhibit C.)

Respectfully submitted,

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY

_/s/_ Bernadette Dronson __
By: Bernadette Dronson
Deputy Attorney General
034551989

DATE: June 23, 2023
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Brief SJ Brooks

BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO. MID-L-503-23

vs.

THE STATE OF NEW JERSEY, THE CIVIL ACTION
TOWN OF SPOTSWOOD, SPOTSWOOD
BOARD OF EDUCATION, JOHN
WEITMAN, ABC CORPORATIONS 1-10
and JOHN DOES 1-10,

Defendant(s).

________________________________________________________________

BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
ON BEHALF OF DEFENDANT STATE OF NEW JERSEY
________________________________________________________________

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
P.O. Box 116
Trenton, New Jersey 08625
Attorney for Defendant,
State of New Jersey

By: Bernadette Dronson
Deputy Attorney General
609-376-2819
Bernadette.Dronson@law.njoag.gov
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PRELIMINARY STATEMENT

As set forth in the attached Statement of Material Facts,

this action arises out of a motor vehicle accident which occurred

on or about March 26, 2021. Plaintiff alleges that the State of

New Jersey was the owner or lessor of the school bus involved in

the accident and/or employed John Weitman, the alleged driver of

the school bus involved in the subject accident.

The State of New Jersey does not, and did not at the time of

the subject incident, own or lease the subject school bus or employ

John Weitman, and as such the subject Complaint should rightly be

dismissed as to the State.

PROCEDURAL HISTORY 1

On January 27, 2023, Plaintiff filed the Complaint against

the State of New Jersey and various other defendants and fictitious

defendants. (See Plaintiff's Complaint attached to the

Certification of Counsel as Exhibit A). On March 15, 2023, the

State of New Jersey filed a Stipulation Extending the time to file

a responsive pleading. On April 13, 2023, the State of New Jersey

filed an Answer to the Plaintiff’s Complaint. The State of New

Jersey now moves for summary judgment.

1 Pursuant to Rule 4:46-2(a), a statement of undisputed material
facts has been submitted as a separate document. To avoid
repetition, and for the court’s convenience, a statement of facts
has been omitted in this supporting brief.
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STANDARD OF REVIEW

Summary judgment is appropriate when “the pleadings,

depositions, answers to interrogatories and admissions on

file, together with the affidavits, if any, show that there is

no genuine issue as to any material fact challenged and that the

moving party is entitled to a judgment or order as a matter of

law.” Rule 4:46-2(c). Moreover, an “issue of fact is genuine

only if, considering the burden of persuasion at trial, the

evidence submitted by the parties on the motion, together with

all legitimate inferences therefrom favoring the non-moving

party, would require submission of the issue to the trier of

fact.” Ibid. If the evidence presented is so one-sided that

the moving party must prevail as a matter of law, “the trial

court should not hesitate to grant summary judgment.” Brill

v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995).

Summary judgment is “designed to provide a prompt,

businesslike and inexpensive method of disposing of any cause

which a discriminating search of the merits” presents no

“genuine issue of material fact requiring disposition at a

trial.” Judson v. Peoples Bank and Trust Co. of Westfield, 17

N.J. 67, 74 (1954), superseded by statute on other grounds as

recognized in Murray v. Nicol, 224 N.J. Super. 303, 308 (App.

Div. 1988). Accordingly, the New Jersey Supreme Court has

encouraged trial courts to grant summary judgment, stressing the

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importance of not sending “worthless” cases to a jury. Brill,

142 N.J. at 541; see also Robbins v. Jersey City, 23 N.J. 229,

241 (1957) (holding that the central function of a summary

judgment motion is to protect parties against “groundless claims

and frivolous defenses”).

Where the movant demonstrates a prima facie right to summary

judgment, the non-movant must come forward with competent

evidential material to show a genuine factual dispute. Heljon

Mgmt. Corp. v. DiLeo, 55 N.J. Super. 306, 312 (App. Div. 1959).

In an effort to survive a motion for summary judgment,

however, the non-moving party may not simply allege any

disputed fact. Brill, 142 N.J. at 529. Instead, the evidence

must demonstrate a genuine issue of material fact, such that

when viewed in a light most favorable to the non-moving party,

the evidence would allow a rational factfinder to resolve the

disputed issue in favor of the non-moving party. Id. at 540.

Facts that are insubstantial, “frivolous, gauzy or merely

suspicious” are insufficient to defeat summary judgment.

Judson, 17 N.J. at 75. Absent a genuine issue of material

fact, summary judgment must be granted in favor of the moving

party. Brill, 142 N.J. at 530.
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LEGAL ARGUMENT

POINT I

SUMMARY JUDGMENT IN FAVOR OF THE STATE OF NEW
JERSEY IS WARRANTED PURSUANT TO THE NEW JERSEY
TORT CLAIMS ACT BECAUSE IT DID NOT OWN THE
VEHICLE AT ISSUE AT THE TIME OF THE ALLEGED
INJURY AND THE ALLEGED DRIVER OF THE BUS WAS
NOT AND IS NOT EMPLOYED BY THE STATE OF NEW
JERSEY.

Since 1972 the liability of the State of New Jersey and all

public entities has been controlled by the New Jersey Tort Claims

Act, N.J.S.A. 59:1-1, et seq. The Act permits liability on the

part of the State of New Jersey and its entities only under certain

limited circumstances. Generally, the Tort Claims Act reflects the

considered legislative response to the judicial abrogation of the

traditional doctrine of sovereign immunity in Willis v. Dept. of

Cons. & Ec. Dev., 55 N.J. 534 (1970). The legislative declaration

of public policy set forth in the Act at N.J.S.A. 59:1-2 declares:

[T]he Legislature recognizes that while a
private entrepreneur may readily be held
liable for negligence within the chosen ambit
of his activity, the area within which
government has the power to act for the public
good is almost without limits, and therefore
government should not have the duty to do
everything that might be done. Consequently,
it is hereby declared to be the public policy
of this state, that public entities will only
be liable for their negligence within the
limitations of this act and in accordance with
the fair and uniform principals established
herein. All the provisions of this act should
be construed with a view to carry out the above
legislative declaration.

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Consistent with this declaration of public policy, the Act

follows the basic approach of providing immunity to all public

entities unless liability is expressly allowed. N.J.S.A. 59:2-

1(a) makes this clear by stating:

Except as otherwise provided by this act, a
public entity is not liable for an injury
whether such injury arises out of an act or
omission of the public entity or a public
employee or any person.

Hence, the basic legislative premise of the Tort Claims Act

is to reestablish immunity for all governmental bodies. The

immunity is all-inclusive except as otherwise provided in the Act.

Malloy v. State, 76 N.J. 515 (1978); Burg v. State of New Jersey,

147 N.J. Super. 316, 320 (App. Div. 1977); English v. Newark

Housing Authority, 138 N.J. Super. 425, 428-29 (App. Div. 1976).

In the present case, the fact that the State does not have

ownership, control or maintenance of the school bus that was

involved in this accident is legally fatal to Plaintiff’s claim.

Also legally fatal to Plaintiff’s claim is the fact that defendant

John Weitman was not at the time of the accident and is not

presently an employee of the State of New Jersey. (See Certifications of

George Krumenacker and Nadia Jordan, attached to the Certification of Counsel as

Exhibits B & C). Because the State did not own the vehicle nor employ

defendant Weitman at the time of Plaintiffs’ alleged injuries,

Plaintiffs’ complaint should be dismissed with prejudice as to the

State pursuant to the Tort Claims Act.
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CONCLUSION

For all of the foregoing reasons, it is respectfully requested

that the Court execute the attached Order granting Summary Judgment

in favor of Defendant State of New Jersey, dismissing Plaintiff's

Complaint and any and all cross-claims against it, with prejudice.

Respectfully submitted,

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY

By: _Bernadette Dronson_____
Bernadette Dronson
Deputy Attorney General

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CERTIFICATION OF SERVICE

I hereby certify that the original and one copy of the within

Notice of Motion and accompanying Brief, Exhibits and

Certification of Counsel were filed via eCourts filing with the

Clerk, Superior Court of New Jersey, Law Division Middlesex County.

I further certify that copies of the Notice of Motion and all

supporting papers, that were not received via eCourts filing, were

served upon any counsel of record in accordance with Rule 1:5 by

overnight mail and a courtesy copy was also forwarded via overnight

mail to the Honorable Ana C. Viscomi, J.S.C.

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY

/s/ Bernadette Dronson
Bernadette Dronson
Deputy Attorney General
034551989
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MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, New Jersey 08625
Attorney for Defendant,
State of New Jersey

By: Bernadette Dronson (034551989)
Deputy Attorney General
609-376-2819
Bernadette.Dronson@law.njoag.gov
DOL# 23-00399

BERNICE EUGENE and ENRIKO ALIDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Plaintiff(s),
Docket No. MID-L-503-23
vs.

THE STATE OF NEW JERSEY, THE CIVIL ACTION
TOWN OF SPOTSWOOD, SPOTSWOOD
BOARD OF EDUCATION, JOHN
WEITMAN, ABC CORPORATIONS 1-10 ATTORNEY CERTIFICATION
and JOHN DOES 1-10,

Defendant(s).

Bernadette Dronson, of full age, hereby certifies as follows:

1. I am employed as a Deputy Attorney General by the State

of New Jersey, Department of Law and Public Safety. I am assigned

to the Tort Litigation and Judiciary Section of the Division of

Law, which provides legal representation to the State of New Jersey

and its entities. I am the Deputy Attorney General responsible for

the handling of this matter. I am fully familiar with the facts

stated in this Certification.
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2. Attached to this Certification are true and accurate

copies of the following documents:

Plaintiff's Complaint Exhibit A
Certification of George Krumenacker Exhibit B
Certification of Nadia Jordan Exhibit C

I certify that the foregoing statements made by me are true.

I am aware that if any of the foregoing statements made by me are

willfully false, I am subject to punishment.

MATTHEW J. PLATKIN
ATTORNEY GENERAL OF NEW JERSEY

/s/ Bernadette Dronson
Bernadette Dronson
Deputy Attorney General
034551989

DATE: June 23, 2023
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EXHIBIT A
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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

Case Info

Judge

Ana C Viscomi Track Judge’s New Case

Case No.

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Document Filed Date

June 23, 2023

Case Filing Date

January 27, 2023

County

Parties

0 Abc Corporations 1-1 Defendant
Bernadette Ann Dronson Attorney for the Defendant
Bernice Eugene Plaintiff
Enriko Alida Plaintiff
John Anthony Camassa Attorney for the Defendant
John Does 1-10 Defendant
John Weitman Defendant
Robert Arce Attorney for the Defendant
Spotswood Board Of Education Defendant
Stephen John Liakas Attorney for the Plaintiff
The State Of New Jersey Defendant
The Town Of Spotswood Defendant

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Motion,Ex Parte: Eugene Bernice Vs The State Of New Jer Sey

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