Preview
PAS-L-002872-23 10/19/2023 4:29:57 PM Pglof8 Trans ID: LCV20233164297
Howard N. Wiener, Esq.— ATTORNEY ID#: 004031973
TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY
136 Central Avenue
Clark, NJ 07066
(732) 388-5454
Attorneys for Plaintiff, Richar E. Ferreira
SUPERIOR COURT OF NEW JERSEY
Plaintiff,
LAW DIVISION: PASSAIC COUNTY
RICHAR E. FERREIRA
Docket No.:
vs.
CIVIL ACTION
Defendant(s),
COMPLAINT, JURY DEMAND,
FOOD UNIVERSE MARKETPLACE,
DESIGNATION OF TRIAL COUNSEL,
d.b.a. PATERSON FOOD FRESH,
DEMAND FOR PRODUCTION OF
LLC, JOHN DOE 1-10, JANE ROE 1- DEMAND FOR ANSWERS
DOCUMENTS,
10, ABC COMPANY 1-10, AND XYZ TO INTERROGATORIES
MAINTENANCE COMPANY 1-10 said
names being fictitious
Plaintiff, Richar E. Ferriera, residing at 347 33rd Street,
in the City of Paterson, County of Passaic and State of New
Jersey, by way of Complaint against the Defendants, says:
FIRST COUNT
1. On or about the 17th day of July, 2023, Plaintiff, Richar
E Ferriera was lawfully on the premises located at or about 498
East 30t Street in the City of Paterson, County of Passaic, County
of Passaic and State of New Jersey, owned, operated, maintained,
controlled, leased, secured, repaired and/or constructed by the
Defendants, Food Universe Marketplace, d.b.a. Paterson Food Fresh,
LLC, individually and/or jointly and severally, in so negligent a
manner as to cause Plaintiff, Richar E. Ferriera to slip and fall
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg2of8 Trans ID: LCV20233164297
the floor thereby causing him to sustain
on a metal shelf on
personal injuries.
and proximate result of the negligence of
2 As a direct
Universe Marketplace, d.b.a. Paterson Food
the Defendants, Food
Plaintiff suffered serious physical and
Fresh, LLC, aforesaid,
of both a temporary and permanent nature,
emotional injuries
anguish and suffering, shock, loss of wages
considerable pain,
and other special damages.
demands judgment jointly, severally or
WHEREFORE, Plaintiff
against all Defendants on this Count for
in the alternative
damages, interest and costs.
SECOND COUNT
repeats the allegations contained in the First
1. Plaintiff
of this Complaint and makes it a part hereof.
Count
John Doe 1-10, Jane Roe 1-10, ABC
2 The defendants,
XYZ Maintenance Company, 1-10, said names being
Company 1-10 and
fictitious names intended to identify any and
fictitious, are
individuals, corporations and/or other
all parties, including
identities are presently unknown to the
entities whose
who together with the named defendants were
plaintiff,
the ownership, operation, control, lease,
responsible for
and/or maintenance of the premises where
repair, construction
accident occurred or who in anyway caused or
the aforesaid
contributed to Plaintiff’s injuries.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg3of8 Trans ID: LCV20233164297
3 As a direct and proximate result of the joint and
several negligence of the Defendants aforesaid, Plaintiff
suffered serious physical and emotional injuries of both a
temporary and permanent nature, considerable pain, anguish and
suffering, shock, loss of wages and other special damages.
WHEREFORE, Plaintiff demands judgment jointly, severally or
in the alternative against all Defendants on this Count for
damages, interest and costs.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
ATTORNEYS FOR-PLAINTIFF
DATED: October 19, 2023 BY:
HOWARD N. WIENER, ESQ.
JURY DEMAND
Plaintiff demands a trial by jury on all Counts in this
Complaint.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
ATTORNEYS FOR\PRAINTIFF
DATED: October 19, 2023 BY:
HOWARD N.
an
WIENER, ESQ.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg4of8 Trans ID: LCV20233164297
DESIGNATION OF TRIAL COUNSEL
Please take notice that pursuant to R. 4:25-4, Howard N.
Wiener, Esq., is hereby designated as trial counsel in the above
captioned matter for the Law firm of Tobin, Kessler, Greenstein,
Caruso, Wiener & Konray, P.C., Attorneys for the Plaintiff,
Richar E. Ferriera.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
ATTORNEYS FOR PLAINTIFF
t
DATED: October 19, 2023 BY:
HOWARD N. WIENER, ESQ.
DEMAND FOR ANSWERS TO INTERROGATORIES
Demand is hereby made on the Defendants to answer fully and
responsively Uniform C and C(2) Interrogatories.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
ATTORNEYS FOR
DATED: October 19, 2023 BY:
HOWARD N. WIENER, ESQ.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg5of8 Trans ID: LCV20233164297
DEMAND FOR PRODUCTION OF DOCUMENTS
Pursuant to Rule 4:18-1, the Plaintiff hereby demands that
the Defendants produce the following documentation within thirty
(30) days as prescribed by the Rules of Court. 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. 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 the
individuals involved in the incident in question, the property
damage sustained, the accident scene, or anything else relevant
to the incident in question.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg6of8 Trans ID: LCV20233164297
4 Copies of any and all 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
the Central Index Bureau (C.I.B.) or from any other source.
8. Copies of any and all medical information and/or
documentation concerning Plaintiff in this matter, whether it
concerns medical condition or treatment which took place before,
during or after the time of the incident in question.
9 Copies of any and all records of any type subpoenaed by
the Defendants or received from any other source concerning the
Plaintiff for the incident in question.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg7of8 Trans ID: LCV20233164297
10. Copies of all cellular phone bills of any and all
phones to which each Defendant had access on the date of the
subject accident.
11. Copies of the entire Property Damage files maintained
by each Defendant, or their respective insurance companies,
including but not limited to photos and repair estimates for all
vehicles involved in the subject accident.
Please be advised that the Plaintiff hereby objects to the
taking of any photographs, x-rays or other reproductions
concerning the Plaintiff or the Plaintiff’s injuries at the time
of any defense examination.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
ATTORNEYS FOR PLAINTIFF
DATED: October 19, 2023 BY
HOWARD N. WIEN. ESO
DEMAND FOR DISCOVERY OF INSURANCE COVERAGE
Pursuant to R. 4:10(b), demand is hereby made that Defendants
disclose to Plaintiff's attorney whether there are any insurance
agreements or policies under which any person or firm carrying on
an insurance business may be liable to satisfy part or all of a
judgment and provide Plaintiff's attorney with true copies of such
insurance agreements or policies including, but not limited to,
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg 8of8 Trans ID: LCV20233164297
any and all declaration sheets. This demand shall be deemed to
include and cover not only primary coverage but also any and all
excess, catastrophe and umbrella policies.
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
TTORNEYS FOR
DATED: October 19, 2023 BY:
HOWARD N. WIENER; ESQ.
CERTIFICATION
Pursuant to Rule 4:5-1, the undersigned hereby certifies
that at the time of filing this Complaint, the matter in
controversy is not the subject of other actions pending in
any Court and/or Arbitration proceeding.
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 wilfully false, I am subject to punishment .
TOBIN, KESSLER, GREENSTEIN,
CARUSO, WIENER & KONRAY, P.C.
we Maulag
ATTORNEYS FOR PLAINTIFF
DATED: October 19, 2023
HOWARD N. WIENER, ESQ.
PAS-L-002872-23 10/19/2023 4:29:57 PM Pglof2 Trans ID: LCV20233164297
Civil Case Information Statement
Case Details: PASSAIC | Civil Part Docket# L-002872-23
Case Caption: FERREIRA RICHAR VS FOOD UNIVERSE Case Type: PERSONAL INJURY
MARKET PLACE Document Type: Complaint with Jury Demand
Case Initiation Date: 10/19/2023 Jury Demand: YES - 6 JURORS
Attorney Name: HOWARD N WIENER Is this a professional malpractice case? NO
Firm Name: TOBIN KESSLER GREENSTEIN CARUSO. Related cases pending: NO
WIENER, If yes, list docket numbers:
Address: 136 CENTRAL AVENUE 3RD FLOOR Do you anticipate adding any parties (arising out of same
CLARK NJ 07066 transaction or occurrence)? NO
Phone: 7323885454 Does this case involve claims related to COVID-19? NO
Name of Party: PLAINTIFF : Ferreira, Richar, E
Name of Defendant's Primary Insurance Company Are sexual abuse claims alleged by: Richar E Ferreira? NO
(if known): Pharmacists Mutual Insurance
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
| 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)
10/19/2023 /s/ HOWARD N WIENER
Dated Signed
PAS-L-002872-23 10/19/2023 4:29:57 PM Pg2of2 Trans ID: LCV20233164297
Preview
PAS-L-002872-23 10/19/2023 4:29:57 PM Pglof8 Trans ID: LCV20233164297 Howard N. Wiener, Esq.— ATTORNEY ID#: 004031973 TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY 136 Central Avenue Clark, NJ 07066 (732) 388-5454 Attorneys for Plaintiff, Richar E. Ferreira SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION: PASSAIC COUNTY RICHAR E. FERREIRA Docket No.: vs. CIVIL ACTION Defendant(s), COMPLAINT, JURY DEMAND, FOOD UNIVERSE MARKETPLACE, DESIGNATION OF TRIAL COUNSEL, d.b.a. PATERSON FOOD FRESH, DEMAND FOR PRODUCTION OF LLC, JOHN DOE 1-10, JANE ROE 1- DEMAND FOR ANSWERS DOCUMENTS, 10, ABC COMPANY 1-10, AND XYZ TO INTERROGATORIES MAINTENANCE COMPANY 1-10 said names being fictitious Plaintiff, Richar E. Ferriera, residing at 347 33rd Street, in the City of Paterson, County of Passaic and State of New Jersey, by way of Complaint against the Defendants, says: FIRST COUNT 1. On or about the 17th day of July, 2023, Plaintiff, Richar E Ferriera was lawfully on the premises located at or about 498 East 30t Street in the City of Paterson, County of Passaic, County of Passaic and State of New Jersey, owned, operated, maintained, controlled, leased, secured, repaired and/or constructed by the Defendants, Food Universe Marketplace, d.b.a. Paterson Food Fresh, LLC, individually and/or jointly and severally, in so negligent a manner as to cause Plaintiff, Richar E. Ferriera to slip and fall PAS-L-002872-23 10/19/2023 4:29:57 PM Pg2of8 Trans ID: LCV20233164297 the floor thereby causing him to sustain on a metal shelf on personal injuries. and proximate result of the negligence of 2 As a direct Universe Marketplace, d.b.a. Paterson Food the Defendants, Food Plaintiff suffered serious physical and Fresh, LLC, aforesaid, of both a temporary and permanent nature, emotional injuries anguish and suffering, shock, loss of wages considerable pain, and other special damages. demands judgment jointly, severally or WHEREFORE, Plaintiff against all Defendants on this Count for in the alternative damages, interest and costs. SECOND COUNT repeats the allegations contained in the First 1. Plaintiff of this Complaint and makes it a part hereof. Count John Doe 1-10, Jane Roe 1-10, ABC 2 The defendants, XYZ Maintenance Company, 1-10, said names being Company 1-10 and fictitious names intended to identify any and fictitious, are individuals, corporations and/or other all parties, including identities are presently unknown to the entities whose who together with the named defendants were plaintiff, the ownership, operation, control, lease, responsible for and/or maintenance of the premises where repair, construction accident occurred or who in anyway caused or the aforesaid contributed to Plaintiff’s injuries. PAS-L-002872-23 10/19/2023 4:29:57 PM Pg3of8 Trans ID: LCV20233164297 3 As a direct and proximate result of the joint and several negligence of the Defendants aforesaid, Plaintiff suffered serious physical and emotional injuries of both a temporary and permanent nature, considerable pain, anguish and suffering, shock, loss of wages and other special damages. WHEREFORE, Plaintiff demands judgment jointly, severally or in the alternative against all Defendants on this Count for damages, interest and costs. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. ATTORNEYS FOR-PLAINTIFF DATED: October 19, 2023 BY: HOWARD N. WIENER, ESQ. JURY DEMAND Plaintiff demands a trial by jury on all Counts in this Complaint. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. ATTORNEYS FOR\PRAINTIFF DATED: October 19, 2023 BY: HOWARD N. an WIENER, ESQ. PAS-L-002872-23 10/19/2023 4:29:57 PM Pg4of8 Trans ID: LCV20233164297 DESIGNATION OF TRIAL COUNSEL Please take notice that pursuant to R. 4:25-4, Howard N. Wiener, Esq., is hereby designated as trial counsel in the above captioned matter for the Law firm of Tobin, Kessler, Greenstein, Caruso, Wiener & Konray, P.C., Attorneys for the Plaintiff, Richar E. Ferriera. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. ATTORNEYS FOR PLAINTIFF t DATED: October 19, 2023 BY: HOWARD N. WIENER, ESQ. DEMAND FOR ANSWERS TO INTERROGATORIES Demand is hereby made on the Defendants to answer fully and responsively Uniform C and C(2) Interrogatories. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. ATTORNEYS FOR DATED: October 19, 2023 BY: HOWARD N. WIENER, ESQ. PAS-L-002872-23 10/19/2023 4:29:57 PM Pg5of8 Trans ID: LCV20233164297 DEMAND FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 4:18-1, the Plaintiff hereby demands that the Defendants produce the following documentation within thirty (30) days as prescribed by the Rules of Court. 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. 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 the individuals involved in the incident in question, the property damage sustained, the accident scene, or anything else relevant to the incident in question. PAS-L-002872-23 10/19/2023 4:29:57 PM Pg6of8 Trans ID: LCV20233164297 4 Copies of any and all 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 the Central Index Bureau (C.I.B.) or from any other source. 8. Copies of any and all medical information and/or documentation concerning Plaintiff in this matter, whether it concerns medical condition or treatment which took place before, during or after the time of the incident in question. 9 Copies of any and all records of any type subpoenaed by the Defendants or received from any other source concerning the Plaintiff for the incident in question. PAS-L-002872-23 10/19/2023 4:29:57 PM Pg7of8 Trans ID: LCV20233164297 10. Copies of all cellular phone bills of any and all phones to which each Defendant had access on the date of the subject accident. 11. Copies of the entire Property Damage files maintained by each Defendant, or their respective insurance companies, including but not limited to photos and repair estimates for all vehicles involved in the subject accident. Please be advised that the Plaintiff hereby objects to the taking of any photographs, x-rays or other reproductions concerning the Plaintiff or the Plaintiff’s injuries at the time of any defense examination. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. ATTORNEYS FOR PLAINTIFF DATED: October 19, 2023 BY HOWARD N. WIEN. ESO DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to R. 4:10(b), demand is hereby made that Defendants disclose to Plaintiff's attorney whether there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment and provide Plaintiff's attorney with true copies of such insurance agreements or policies including, but not limited to, PAS-L-002872-23 10/19/2023 4:29:57 PM Pg 8of8 Trans ID: LCV20233164297 any and all declaration sheets. This demand shall be deemed to include and cover not only primary coverage but also any and all excess, catastrophe and umbrella policies. TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. TTORNEYS FOR DATED: October 19, 2023 BY: HOWARD N. WIENER; ESQ. CERTIFICATION Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing this Complaint, the matter in controversy is not the subject of other actions pending in any Court and/or Arbitration proceeding. 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 wilfully false, I am subject to punishment . TOBIN, KESSLER, GREENSTEIN, CARUSO, WIENER & KONRAY, P.C. we Maulag ATTORNEYS FOR PLAINTIFF DATED: October 19, 2023 HOWARD N. WIENER, ESQ. PAS-L-002872-23 10/19/2023 4:29:57 PM Pglof2 Trans ID: LCV20233164297 Civil Case Information Statement Case Details: PASSAIC | Civil Part Docket# L-002872-23 Case Caption: FERREIRA RICHAR VS FOOD UNIVERSE Case Type: PERSONAL INJURY MARKET PLACE Document Type: Complaint with Jury Demand Case Initiation Date: 10/19/2023 Jury Demand: YES - 6 JURORS Attorney Name: HOWARD N WIENER Is this a professional malpractice case? NO Firm Name: TOBIN KESSLER GREENSTEIN CARUSO. Related cases pending: NO WIENER, If yes, list docket numbers: Address: 136 CENTRAL AVENUE 3RD FLOOR Do you anticipate adding any parties (arising out of same CLARK NJ 07066 transaction or occurrence)? NO Phone: 7323885454 Does this case involve claims related to COVID-19? NO Name of Party: PLAINTIFF : Ferreira, Richar, E Name of Defendant's Primary Insurance Company Are sexual abuse claims alleged by: Richar E Ferreira? NO (if known): Pharmacists Mutual Insurance 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 | 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) 10/19/2023 /s/ HOWARD N WIENER Dated Signed PAS-L-002872-23 10/19/2023 4:29:57 PM Pg2of2 Trans ID: LCV20233164297