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CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 1 of 6 Trans ID: LCV20223429822
ARCHER & GREINER
A Professional Corporation
One Centennial Square
Haddonfield, NJ 08033-0968
(856) 795-2121
Attorneys for Plaintiffs
BY: WILLIAM J. O’KANE, JR., ESQUIRE (ID# 049161991)
TRACY SNYDER SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAMDEN COUNTY
v.
DOCKET NO.:
GONDUL TRUCKING, INC., JHOBANY
CRUZ, JOHN DOES 1-10, and ABC COMPLAINT, JURY DEMAND &
ENTITIES 1-5 DESIGNATION OF TRIAL COUNSEL
Defendants.
Plaintiff Tracy Snyder, individually, by way of Complaint against Defendants, Gondul
Trucking, Inc. Jhobany Cruz John Does 1-10 and ABC Entities 1-5, allege as follows:
THE PARTIES
1. Plaintiff, Tracy Snyder (“Plaintiff” or “Ms. Snyder”), who brings this action
individually, is an adult individual who currently resides at 2066 Four Season Blvd, Macungie,
Pennsylvania 18062.
2. Defendant, Gondul Trucking, Inc. (“Defendant Gondul”), is a New Jersey
corporation and/or other legal entity with a registered office located at 3001 Route 130 South, Apt
39G, Delran, New Jersey 08075. Defendant Gondul is authorized to and regularly conducts
business in the State of New Jersey.
3. Defendant, Jhobany Cruz (“Defendant Cruz”), is an individual who resides at 8875
Krewstown Road, Apt F7, Philadelphia, Pennsylvania 19115.
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4. Defendants, John Does 1-5 are unknown employees, agents, servants and/or
contractors of Defendant Gondul involved in the inspecting, servicing, repairing or maintenance
of the commercial dump truck including, but not limited to, its tires and wheels.
5. Defendants, ABC Entities 1-5 and John Does 6-10 are comprised of other entities
and individuals involved in inspecting, maintaining, servicing or repairing the Gondul commercial
dump truck including its tires and wheels.
COUNT 1
6. On May 25, 2022, Defendant Cruz, was operating a commercial Kenworth TA800,
Dump Truck traveling north, State Highway 42 in Runnemede, New Jersey.
7. At this same time and place, Plaintiff was the driver of a motor vehicle traveling
south, on the opposite side of State Highway 42 in Runnemede, New Jersey.
8. At this same time and place, a right rear wheel detached from Defendant Gondul’s
Kenworth TA800, Dump Truck, and traversed across the highway becoming airborne and
violently crashed before striking the top of Plaintiff’s vehicle. The size and weight of the wheel
along with its speed and force caved inward the top of Plaintiff’s SUV, causing her to suffer
severe and life-threatening injuries.
9. At all times relevant hereto, Defendant Cruz was the operator of the Kenworth
TA800, Dump Truck and acted as an agent, workman, employee and/or servant of Defendant
Gondul and was negligent in that he failed to properly inspect the dump truck and its wheels prior
to taking the commercial dump truck out onto the public highways and/or failed to operate the
vehicle in a safe manner as to prevent the wheel from detaching and dangerously traversing across
the highway.
10. At all times relevant hereto, Defendant Gondul was the owner of the Kenworth
TA800, Dump Truck and it and/or its employees, John Does 1-5, were negligent in that they
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failed to properly inspect, service, repair and/or maintain the dump truck in a roadworthy
condition.
11. Accordingly, Defendant Gondul is liable to Plaintiff for the actions and/or
inactions of its employee, Mr. Cruz, and its other employees under the doctrine of respondeat
superior.
12. At all times relevant hereto, Defendant Cruz and Defendant Gondul were fully
aware that failure to properly operate, inspect, service, repair and maintain a commercial vehicle
in a roadworthy condition could cause catastrophic injury and/or death to individuals lawfully
utilizing the road, including Plaintiff, Tracy Snyder.
13. At all times relevant hereto, Defendants John Does 6-10 and ABC Entities 1-5 are
fictitious party designations representing unknown individual or entities whom were negligent in
their failure to properly perform inspections, service, maintenance and repair of the Kenworth
TA800, Dump Truck to maintain the dump truck in a roadworthy condition.
14. As a direct and proximate result of Defendants conduct, Plaintiff, Tracy Snyder
suffered severe and permanent personal injuries which required and still require medical
treatment. In addition, she has suffered and continues to suffer disability, pain, suffering, loss of
the enjoyment of life, emotional distress, lost wages and medical expenses.
15. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless
indifference to the rights of others, Plaintiff has been caused to undergo medical care, treatment,
surgery and take medication, all of which will continue in the future.
16. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless
indifference to the rights of others, Plaintiff has and will suffer the loss of wages and earnings as
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well as future the loss of wages and earning, along with impairment of her earning capacity and
power.
17. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless
indifference to the rights of others, Plaintiff has or may hereafter incur other financial losses or
expenses.
18. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless
indifference to the rights of others, Plaintiff has and will be in the future hindered from attending
and performing her usual daily duties, activities and recreational and social pursuits.
WHEREFORE, Plaintiff Tracy Snyder demands judgment against Defendants for
compensatory damages, interest, attorneys’ fees, costs of suit, and such other relief as this Court
deems just and equitable
COUNT II – PUNITIVE DAMAGES
19. Plaintiff incorporates herein by reference all preceding paragraphs of this
Complaint the same as if fully set forth hereinafter.
20. The wrongful acts/omissions of Defendants, acting individually and/or by and
through their agents, servants and employees were outrageous, willful and wanton, malicious,
done with a conscious disregard and/or deliberate, callous and reckless indifference to the rights,
interest, welfare and safety of the public and to the safety of Plaintiff for the reasons set forth
above and incorporated herein.
21. As a direct and proximate result of Defendants’ negligence, carelessness,
recklessness, and/or reckless indifference to the rights of others, Plaintiff was caused to suffer,
and continues to suffer severe personal injuries. Additionally, Plaintiff suffered pain, suffering,
disability, emotional distress and upset, medical expenses, loss of income, inability to follow her
normal pursuits and loss of the enjoyment of life.
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22. Defendants’ conduct, individually and jointly, demonstrates a willful, wanton and
callous disregard for others as such violates New Jersey’s Punitive Damages Act, N.J.S.A. 2A:15-
5.12, et seq.
WHEREFORE, Plaintiff Tracy Snyder demands judgment against Defendants for
compensatory damages, punitive damages, interest, attorneys’ fees, costs of suit, and such other
relief as this Court deems just and equitable.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury as to all issues in the above matter.
DEMAND FOR INTERROGATORIES
Plaintiff hereby demands that each Defendant provide complete responsive answers to the
Form C and Form C (1) interrogatories found in the Appendix II to the Rules of Court within 60
days of service of each Defendant’s Answer pursuant to R. 4:17-1(b)(2).
DEMAND FOR INSURANCE COVERAGE
Plaintiff demands that each Defendant provide an accurate statement as to all insurance
coverage, whether primary, excess or otherwise, which may be available to satisfy the claims in
this matter and provide complete copies of the declaration pages of every such policy of insurance
within 50 days of service of this Complaint pursuant to R. 4:10-1(b).
CERTIFICATION PURSUANT TO R. 4:5-1
The Plaintiff hereby certifies that the matter in controversy is not the subject of any other
action pending in any court and is likewise not the subject of any pending arbitration proceeding.
The Plaintiff further certifies that she has no knowledge of any contemplated action or arbitration
proceeding which is contemplated regarding the subject matter of this action and that they are not
aware of any parties who should be joined in this action.
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DESIGNATION OF TRIAL ATTORNEY
In accordance with R. 4:25-4, William J. O’Kane, Jr., is hereby designated as trial counsel
for the Plaintiff in the above matter.
ARCHER & GREINER
A Professional Corporation
Attorneys for Plaintiff
BY: ___________________________
WILLIAM J. O’KANE, JR.
Dated: September 23, 2022
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TransID:
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Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-002505-22
Case Caption: SNYDER TRACY VS GONDUL TRUCKING, Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON-
INC . VERBAL THRESHOLD)
Case Initiation Date: 09/23/2022 Document Type: Complaint with Jury Demand
Attorney Name: WILLIAM J O'KANE JR Jury Demand: YES - 6 JURORS
Firm Name: ARCHER & GREINER PC Is this a professional malpractice case? NO
Address: 1025 LAUREL OAK RD Related cases pending: NO
VOORHEES NJ 08043 If yes, list docket numbers:
Phone: 8567952121 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : Snyder, Tracy transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): Unknown
Are sexual abuse claims alleged by: Tracy Snyder? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
09/23/2022 /s/ WILLIAM J O'KANE JR
Dated Signed
Preview
CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 1 of 6 Trans ID: LCV20223429822 ARCHER & GREINER A Professional Corporation One Centennial Square Haddonfield, NJ 08033-0968 (856) 795-2121 Attorneys for Plaintiffs BY: WILLIAM J. O’KANE, JR., ESQUIRE (ID# 049161991) TRACY SNYDER SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, CAMDEN COUNTY v. DOCKET NO.: GONDUL TRUCKING, INC., JHOBANY CRUZ, JOHN DOES 1-10, and ABC COMPLAINT, JURY DEMAND & ENTITIES 1-5 DESIGNATION OF TRIAL COUNSEL Defendants. Plaintiff Tracy Snyder, individually, by way of Complaint against Defendants, Gondul Trucking, Inc. Jhobany Cruz John Does 1-10 and ABC Entities 1-5, allege as follows: THE PARTIES 1. Plaintiff, Tracy Snyder (“Plaintiff” or “Ms. Snyder”), who brings this action individually, is an adult individual who currently resides at 2066 Four Season Blvd, Macungie, Pennsylvania 18062. 2. Defendant, Gondul Trucking, Inc. (“Defendant Gondul”), is a New Jersey corporation and/or other legal entity with a registered office located at 3001 Route 130 South, Apt 39G, Delran, New Jersey 08075. Defendant Gondul is authorized to and regularly conducts business in the State of New Jersey. 3. Defendant, Jhobany Cruz (“Defendant Cruz”), is an individual who resides at 8875 Krewstown Road, Apt F7, Philadelphia, Pennsylvania 19115. CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 2 of 6 Trans ID: LCV20223429822 4. Defendants, John Does 1-5 are unknown employees, agents, servants and/or contractors of Defendant Gondul involved in the inspecting, servicing, repairing or maintenance of the commercial dump truck including, but not limited to, its tires and wheels. 5. Defendants, ABC Entities 1-5 and John Does 6-10 are comprised of other entities and individuals involved in inspecting, maintaining, servicing or repairing the Gondul commercial dump truck including its tires and wheels. COUNT 1 6. On May 25, 2022, Defendant Cruz, was operating a commercial Kenworth TA800, Dump Truck traveling north, State Highway 42 in Runnemede, New Jersey. 7. At this same time and place, Plaintiff was the driver of a motor vehicle traveling south, on the opposite side of State Highway 42 in Runnemede, New Jersey. 8. At this same time and place, a right rear wheel detached from Defendant Gondul’s Kenworth TA800, Dump Truck, and traversed across the highway becoming airborne and violently crashed before striking the top of Plaintiff’s vehicle. The size and weight of the wheel along with its speed and force caved inward the top of Plaintiff’s SUV, causing her to suffer severe and life-threatening injuries. 9. At all times relevant hereto, Defendant Cruz was the operator of the Kenworth TA800, Dump Truck and acted as an agent, workman, employee and/or servant of Defendant Gondul and was negligent in that he failed to properly inspect the dump truck and its wheels prior to taking the commercial dump truck out onto the public highways and/or failed to operate the vehicle in a safe manner as to prevent the wheel from detaching and dangerously traversing across the highway. 10. At all times relevant hereto, Defendant Gondul was the owner of the Kenworth TA800, Dump Truck and it and/or its employees, John Does 1-5, were negligent in that they 2 CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 3 of 6 Trans ID: LCV20223429822 failed to properly inspect, service, repair and/or maintain the dump truck in a roadworthy condition. 11. Accordingly, Defendant Gondul is liable to Plaintiff for the actions and/or inactions of its employee, Mr. Cruz, and its other employees under the doctrine of respondeat superior. 12. At all times relevant hereto, Defendant Cruz and Defendant Gondul were fully aware that failure to properly operate, inspect, service, repair and maintain a commercial vehicle in a roadworthy condition could cause catastrophic injury and/or death to individuals lawfully utilizing the road, including Plaintiff, Tracy Snyder. 13. At all times relevant hereto, Defendants John Does 6-10 and ABC Entities 1-5 are fictitious party designations representing unknown individual or entities whom were negligent in their failure to properly perform inspections, service, maintenance and repair of the Kenworth TA800, Dump Truck to maintain the dump truck in a roadworthy condition. 14. As a direct and proximate result of Defendants conduct, Plaintiff, Tracy Snyder suffered severe and permanent personal injuries which required and still require medical treatment. In addition, she has suffered and continues to suffer disability, pain, suffering, loss of the enjoyment of life, emotional distress, lost wages and medical expenses. 15. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless indifference to the rights of others, Plaintiff has been caused to undergo medical care, treatment, surgery and take medication, all of which will continue in the future. 16. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless indifference to the rights of others, Plaintiff has and will suffer the loss of wages and earnings as 3 CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 4 of 6 Trans ID: LCV20223429822 well as future the loss of wages and earning, along with impairment of her earning capacity and power. 17. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless indifference to the rights of others, Plaintiff has or may hereafter incur other financial losses or expenses. 18. As a result of Defendants’ negligence, carelessness, recklessness and/or reckless indifference to the rights of others, Plaintiff has and will be in the future hindered from attending and performing her usual daily duties, activities and recreational and social pursuits. WHEREFORE, Plaintiff Tracy Snyder demands judgment against Defendants for compensatory damages, interest, attorneys’ fees, costs of suit, and such other relief as this Court deems just and equitable COUNT II – PUNITIVE DAMAGES 19. Plaintiff incorporates herein by reference all preceding paragraphs of this Complaint the same as if fully set forth hereinafter. 20. The wrongful acts/omissions of Defendants, acting individually and/or by and through their agents, servants and employees were outrageous, willful and wanton, malicious, done with a conscious disregard and/or deliberate, callous and reckless indifference to the rights, interest, welfare and safety of the public and to the safety of Plaintiff for the reasons set forth above and incorporated herein. 21. As a direct and proximate result of Defendants’ negligence, carelessness, recklessness, and/or reckless indifference to the rights of others, Plaintiff was caused to suffer, and continues to suffer severe personal injuries. Additionally, Plaintiff suffered pain, suffering, disability, emotional distress and upset, medical expenses, loss of income, inability to follow her normal pursuits and loss of the enjoyment of life. 4 CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 5 of 6 Trans ID: LCV20223429822 22. Defendants’ conduct, individually and jointly, demonstrates a willful, wanton and callous disregard for others as such violates New Jersey’s Punitive Damages Act, N.J.S.A. 2A:15- 5.12, et seq. WHEREFORE, Plaintiff Tracy Snyder demands judgment against Defendants for compensatory damages, punitive damages, interest, attorneys’ fees, costs of suit, and such other relief as this Court deems just and equitable. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury as to all issues in the above matter. DEMAND FOR INTERROGATORIES Plaintiff hereby demands that each Defendant provide complete responsive answers to the Form C and Form C (1) interrogatories found in the Appendix II to the Rules of Court within 60 days of service of each Defendant’s Answer pursuant to R. 4:17-1(b)(2). DEMAND FOR INSURANCE COVERAGE Plaintiff demands that each Defendant provide an accurate statement as to all insurance coverage, whether primary, excess or otherwise, which may be available to satisfy the claims in this matter and provide complete copies of the declaration pages of every such policy of insurance within 50 days of service of this Complaint pursuant to R. 4:10-1(b). CERTIFICATION PURSUANT TO R. 4:5-1 The Plaintiff hereby certifies that the matter in controversy is not the subject of any other action pending in any court and is likewise not the subject of any pending arbitration proceeding. The Plaintiff further certifies that she has no knowledge of any contemplated action or arbitration proceeding which is contemplated regarding the subject matter of this action and that they are not aware of any parties who should be joined in this action. 5 CAM-L-002505-22 09/23/2022 3:37:39 PM Pg 6 of 6 Trans ID: LCV20223429822 DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:25-4, William J. O’Kane, Jr., is hereby designated as trial counsel for the Plaintiff in the above matter. ARCHER & GREINER A Professional Corporation Attorneys for Plaintiff BY: ___________________________ WILLIAM J. O’KANE, JR. Dated: September 23, 2022 225638226v1 6 CAM-L-002505-22 09/23/2022 CAM-L-002505-22 09/23/20223:37:39 3:37:39PM PM Pg 1 of 1 Trans TransID: ID:LCV20223429822 LCV20223429822 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-002505-22 Case Caption: SNYDER TRACY VS GONDUL TRUCKING, Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON- INC . VERBAL THRESHOLD) Case Initiation Date: 09/23/2022 Document Type: Complaint with Jury Demand Attorney Name: WILLIAM J O'KANE JR Jury Demand: YES - 6 JURORS Firm Name: ARCHER & GREINER PC Is this a professional malpractice case? NO Address: 1025 LAUREL OAK RD Related cases pending: NO VOORHEES NJ 08043 If yes, list docket numbers: Phone: 8567952121 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : Snyder, Tracy transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): Unknown Are sexual abuse claims alleged by: Tracy Snyder? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 09/23/2022 /s/ WILLIAM J O'KANE JR Dated Signed