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ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 1 of 8 Trans ID: LCV2024742663
ARCHER & GREINER
A Professional Corporation
1025 Laurel Oak Road
Voorhees, NJ 08043
(856) 795-2121
Attorneys for Plaintiff
BY: WILLIAM J. O’KANE, JR., ESQUIRE NJ ATTORNEY ID #049161991
ESTATE OF JOHN L. BARKER by Administrator
Ad Prosequendum, RUTH EDWARDS, SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION
v. ATLANTIC COUNTY
NJ TRANSIT CORPORATION, NJ TRANSIT BUS DOCKET NO.:
OPERATIONS, INC., DOUGLAS W. AGREN,
JOHN DOES 1-5, (being a unknown fictitious
individual defendant), ABC ENTITIES 1-5 COMPLAINT AND JURY DEMAND
Defendants.
Plaintiff, is the Estate of John L. Barker, (hereinafter, “Decedent”) by the Administrator Ad
Prosequendum, Ruth Edwards, by way of this Complaint and hereby allege as follows:
PARTIES
1. Plaintiff, The Estate of John L. Barker by the Administrator Ad Prosequendum,
Ruth Edwards. The Decedent was a resident of Galloway Township (Atlantic County) New Jersey
and the Estate filed in the Atlantic County Surrogate’s Court, (Atlantic County) New Jersey.
2. At all times relevant to the matter hereto, the Defendants, NJ Transit Corporation,
and NJ Transit Bus Operations, Inc., owned and/or operated or maintained a business with
corporate offices located at One Penn Plaza East, Newark, (Essex County) New Jersey and were
owners or the bus involved in the accident and the employers of Defendant, Douglas W. Agren.
3. At all times relevant to the matter hereto, the Defendant, Douglas W. Agren, was
employed as a bus driver by the Defendants, NJ Transit Corporation, and/or NJ Transit Bus
Operations, Inc., and resided at 146 Nathan Hale Drive, Deptford, (Gloucester County) New
Jersey.
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4. Defendants, John Does 1-5, and ABC Entities 1-5, are fictitious names used to
designate unknown or unidentified parties to this action. Plaintiffs hereby reserves the right to
substitute the name(s) of the actual party(ies) if and when identities of said individual(s) or
businesses are obtained.
COUNT ONE
5. On or about June 16, 2022, Decedent, was the owner and operator of a motor
vehicle being operated on in a southbound direction on County Route 585 (Shore Road)
approaching County Route 630 (Ohio Avenue) in Absecon, (Atlantic County) New Jersey.
6. At or about the same time and place, Defendant, Douglas W. Agren, was an
employee of Defendants NJ Transit Corporation and/or NJ Transit Bus Operations, Inc. and the
operator of a NJ Transit Bus traveling in a northbound direction on County Route 585 (S. Shore
Road) approaching County Route 630 (Ohio Avenue) in Absecon, (Atlantic County) New Jersey.
Defendant, Douglas W. Agren proceeded to make a left turn onto County Route 630 (Ohio
Avenue) in front of the path of Decedent’s vehicle thereby causing a deadly crash that took the life
of the Decedent.
7. At or about the same time and place, Defendant, Douglas W. Agren, operated the
NJ Transit Bus owned by Defendants, NJ Transit Corporation and/or New Jersey Transit Bus
Operations, Inc. in a negligent, careless and/or reckless manner thereby causing a deadly crash that
took the life of the Decedent.
8. As a result of Defendant, Douglas W. Agren’s negligence, carelessness and/or
recklessness, careless disregard, Defendant, Douglas W. Agren breached a duty of care owed to
other drivers on the roadway by driving the NJ Transit Bus into the path of another vehicle having
the right-of-way, and/or otherwise negligence thereby causing a deadly crash that took the life of
the Decedent.
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9. At the time of the accident aforementioned the bus/vehicle owned and/ or operated
by the aforementioned Defendant(s) was a commercial bus/vehicle and/or primarily used as a
commercial bus/vehicle and/or was primarily used for business purposes.
10. At all times relevant to this Complaint, Plaintiff has complied with the notice
provisions of the New Jersey Tort Claims Act and/or any other applicable law by serving proper
and timely Notice of Claims in the form prescribed by the Statute and/or any other applicable law
to the Defendants, NJ Transit Corporation and/or New Jersey Transit Bus Operations, Inc.
11. The acts and omissions of the Defendant, Douglas W. Agren, constitute a statutory
tort, including but not limited to a violation of N.J.S.A. 59:2-2.
12. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s,
aforementioned negligence, carelessness and/or recklessness, the Decedent suffered various severe
personal injuries both of an internal and external nature resulting in death.
13. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s
aforementioned negligence, carelessness and/or recklessness, up and until the time of his death
Decedent suffered fear of his impending death, pain and suffering, was deprived of ordinary
pleasures of life, including but not limited to, being prevented from attending to his usual
activities, duties, leisure pursuits, occupations, and avocations, all to his great detriment and loss
and the enjoyment of his life.
WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of
Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc.,
John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory
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damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court
deems just and equitable.
COUNT TWO
14. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates
them by reference as though fully set forth at length herein.
15. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John
Does 1-5, and ABC Entities 1-5, employed Defendant, Douglas W. Agren, at the time of the
deadly crash.
16. At all times material to this Complaint, Defendant, Douglas W. Agren, was
employed by, and was acting as the agent, servant, or employee of Defendants, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s.
17. Defendant, Douglas W. Agren, negligently and carelessly operated NJ Transit Bus
in the course and scope of his employment with Defendants, NJ Transit Corporation and/or NJ
Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5.
18. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John
Does 1-5, and ABC Entities 1-5, are vicariously liable for Defendant, Douglas W. Agren’s
conduct.
19. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John
Does 1-5, and ABC Entities 1-5, are liable for Defendant, Douglas W. Agren’s negligence under
the doctrine of respondeat superior.
20. At the time and place aforesaid, Defendants, NJ Transit Corporation. and/or NJ
Transit Bus Operations, Inc., John Does 1-5 and/or ABC Entities 1-5., was/were negligent, careless
and/or reckless in the hiring and/or contracting of its employee/agent; was negligent, careless
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and/or reckless in the training and/or supervision of said employee/agent; and was/were otherwise
negligent, careless and/or reckless in allowing Defendant, Douglas W. Agren to operate said bus.
24. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s,
aforementioned negligence, carelessness and/or recklessness, Decedent suffered various severe
personal injuries both of an internal and external nature and both a permanent and temporary
nature, resulting in death.
25. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s,
aforementioned negligence, carelessness and/or recklessness, the Decedent suffered various severe
personal injuries both of an internal and external nature resulting in death.
26. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit
Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s
aforementioned negligence, carelessness and/or recklessness, up and until the time of his death
Decedent suffered fear of his impending death, pain and suffering, was deprived of ordinary
pleasures of life, including but not limited to, being prevented from attending to his usual
activities, duties, leisure pursuits, occupations, and avocations, all to his great detriment and loss
and the enjoyment of his life.
WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of
Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc.,
John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory
damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court
deems just and equitable.
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COUNT THREE
27. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates
them by reference as though fully set forth at length herein.
28. As a direct and proximate result of the aforementioned negligence, gross
negligence, and reckless conduct of the Defendants, the Decedent was caused to suffer extreme
conscious pain and suffering before his death, as well as all other allowable survival action
damages set forth in Civil Jury Charge 8.42.
WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of
Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc.,
John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory
damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court
deems just and equitable.
COUNT FOUR
29. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates
them by reference as though fully set forth at length herein.
30. As a direct and proximate result of the aforementioned negligence, gross
negligence, and reckless conduct of the Defendants, the Plaintiffs were caused to be deprived of
the future earnings of the Decedent, the advice, guidance and counsel of the Decedent, and all
other allowable wrongful death damages set forth in Civil Jury Charge 8.43.
WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of
Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc.,
John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory
damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court
deems just and equitable.
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DESIGNATION OF TRIAL ATTORNEY
William J. O’Kane, Jr., is hereby designated as the trial attorney for Plaintiffs in this
matter, pursuant to R.25-4.
JURY DEMAND
Plaintiffs demand a trial by jury as to all issues so triable.
DEMAND FOR ANSWERS TO UNIFORM INTERROGATORIES
Plaintiffs, hereby demand answers to Uniform Interrogatory Form C, C(1) and Uniform
Interrogatory Form D, if applicable, within the appropriate time period prescribed by Rule 4:17-4.
DEMAND FOR DISCLOSURE OF NON-PARTIES
Please take notice that plaintiff hereby demands strict compliance with R.4:5-1(b)(2),
which requires that "each party shall disclose in the certification the names of any non-party who
should be joined in the action pursuant to R.4:28 or who is subject to joinder pursuant to R.4:29-
1(b) because of potential liability to any party on the basis of the same transactional facts."
Plaintiff hereby demands that defendants review all available records, undertake reasonable
investigation, and determine the identity of any other individuals or entities who should be joined
in this action pursuant to R.4:5-1(b)(2).
The failure to identify non-parties pursuant to this rule will result in an application for
sanctions as well as for expenses incurred in connection with the discovery of individuals who
should have been identified pursuant to the rule.
ARCHER & GREINER
A Professional Corporation
Attorneys for Plaintiffs
By: /s/ William J. O’Kane, Jr.
WILLIAM J. O’KANE, JR., ESQUIRE
Dated: March 21, 2024
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CERTIFICATION PURSUANT TO R. 4:5-1
The undersigned hereby certifies the following:
1. The within Complaint was filed within the time period allowed by the court rules.
2. To the best of my knowledge and belief, this matter in controversy is not the subject
of any other action pending in any court or of a pending arbitration proceeding, nor is any such
proceeding contemplated at this time by the Plaintiffs.
3. To the best of my knowledge and belief, there are no other parties who must be
joined in this action.
I hereby certify that the foregoing statements made by me are true. I understand that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
/s/ William J. O’Kane, Jr. ________
WILLIAM J. O’KANE, JR., ESQUIRE
Dated: March 21, 2024
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Civil Case Information Statement
Case Details: ATLANTIC | Civil Part Docket# L-000562-24
Case Caption: EDWARDS RUTH VS NJ TRANSIT Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON-
CORPORATI ON VERBAL THRESHOLD)
Case Initiation Date: 03/21/2024 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 : Edwards, Ruth 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: Ruth Edwards? NO
Are sexual abuse claims alleged by: Estate of John L. Barker? 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? YES Consumer Fraud? NO
Medical Debt Claim? 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)
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03/21/2024 /s/ WILLIAM J O'KANE JR
Dated Signed
Preview
ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 1 of 8 Trans ID: LCV2024742663 ARCHER & GREINER A Professional Corporation 1025 Laurel Oak Road Voorhees, NJ 08043 (856) 795-2121 Attorneys for Plaintiff BY: WILLIAM J. O’KANE, JR., ESQUIRE NJ ATTORNEY ID #049161991 ESTATE OF JOHN L. BARKER by Administrator Ad Prosequendum, RUTH EDWARDS, SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION v. ATLANTIC COUNTY NJ TRANSIT CORPORATION, NJ TRANSIT BUS DOCKET NO.: OPERATIONS, INC., DOUGLAS W. AGREN, JOHN DOES 1-5, (being a unknown fictitious individual defendant), ABC ENTITIES 1-5 COMPLAINT AND JURY DEMAND Defendants. Plaintiff, is the Estate of John L. Barker, (hereinafter, “Decedent”) by the Administrator Ad Prosequendum, Ruth Edwards, by way of this Complaint and hereby allege as follows: PARTIES 1. Plaintiff, The Estate of John L. Barker by the Administrator Ad Prosequendum, Ruth Edwards. The Decedent was a resident of Galloway Township (Atlantic County) New Jersey and the Estate filed in the Atlantic County Surrogate’s Court, (Atlantic County) New Jersey. 2. At all times relevant to the matter hereto, the Defendants, NJ Transit Corporation, and NJ Transit Bus Operations, Inc., owned and/or operated or maintained a business with corporate offices located at One Penn Plaza East, Newark, (Essex County) New Jersey and were owners or the bus involved in the accident and the employers of Defendant, Douglas W. Agren. 3. At all times relevant to the matter hereto, the Defendant, Douglas W. Agren, was employed as a bus driver by the Defendants, NJ Transit Corporation, and/or NJ Transit Bus Operations, Inc., and resided at 146 Nathan Hale Drive, Deptford, (Gloucester County) New Jersey. ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 2 of 8 Trans ID: LCV2024742663 4. Defendants, John Does 1-5, and ABC Entities 1-5, are fictitious names used to designate unknown or unidentified parties to this action. Plaintiffs hereby reserves the right to substitute the name(s) of the actual party(ies) if and when identities of said individual(s) or businesses are obtained. COUNT ONE 5. On or about June 16, 2022, Decedent, was the owner and operator of a motor vehicle being operated on in a southbound direction on County Route 585 (Shore Road) approaching County Route 630 (Ohio Avenue) in Absecon, (Atlantic County) New Jersey. 6. At or about the same time and place, Defendant, Douglas W. Agren, was an employee of Defendants NJ Transit Corporation and/or NJ Transit Bus Operations, Inc. and the operator of a NJ Transit Bus traveling in a northbound direction on County Route 585 (S. Shore Road) approaching County Route 630 (Ohio Avenue) in Absecon, (Atlantic County) New Jersey. Defendant, Douglas W. Agren proceeded to make a left turn onto County Route 630 (Ohio Avenue) in front of the path of Decedent’s vehicle thereby causing a deadly crash that took the life of the Decedent. 7. At or about the same time and place, Defendant, Douglas W. Agren, operated the NJ Transit Bus owned by Defendants, NJ Transit Corporation and/or New Jersey Transit Bus Operations, Inc. in a negligent, careless and/or reckless manner thereby causing a deadly crash that took the life of the Decedent. 8. As a result of Defendant, Douglas W. Agren’s negligence, carelessness and/or recklessness, careless disregard, Defendant, Douglas W. Agren breached a duty of care owed to other drivers on the roadway by driving the NJ Transit Bus into the path of another vehicle having the right-of-way, and/or otherwise negligence thereby causing a deadly crash that took the life of the Decedent. 2 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 3 of 8 Trans ID: LCV2024742663 9. At the time of the accident aforementioned the bus/vehicle owned and/ or operated by the aforementioned Defendant(s) was a commercial bus/vehicle and/or primarily used as a commercial bus/vehicle and/or was primarily used for business purposes. 10. At all times relevant to this Complaint, Plaintiff has complied with the notice provisions of the New Jersey Tort Claims Act and/or any other applicable law by serving proper and timely Notice of Claims in the form prescribed by the Statute and/or any other applicable law to the Defendants, NJ Transit Corporation and/or New Jersey Transit Bus Operations, Inc. 11. The acts and omissions of the Defendant, Douglas W. Agren, constitute a statutory tort, including but not limited to a violation of N.J.S.A. 59:2-2. 12. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, aforementioned negligence, carelessness and/or recklessness, the Decedent suffered various severe personal injuries both of an internal and external nature resulting in death. 13. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s aforementioned negligence, carelessness and/or recklessness, up and until the time of his death Decedent suffered fear of his impending death, pain and suffering, was deprived of ordinary pleasures of life, including but not limited to, being prevented from attending to his usual activities, duties, leisure pursuits, occupations, and avocations, all to his great detriment and loss and the enjoyment of his life. WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory 3 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 4 of 8 Trans ID: LCV2024742663 damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court deems just and equitable. COUNT TWO 14. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates them by reference as though fully set forth at length herein. 15. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5, employed Defendant, Douglas W. Agren, at the time of the deadly crash. 16. At all times material to this Complaint, Defendant, Douglas W. Agren, was employed by, and was acting as the agent, servant, or employee of Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s. 17. Defendant, Douglas W. Agren, negligently and carelessly operated NJ Transit Bus in the course and scope of his employment with Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5. 18. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5, are vicariously liable for Defendant, Douglas W. Agren’s conduct. 19. Defendants, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5, are liable for Defendant, Douglas W. Agren’s negligence under the doctrine of respondeat superior. 20. At the time and place aforesaid, Defendants, NJ Transit Corporation. and/or NJ Transit Bus Operations, Inc., John Does 1-5 and/or ABC Entities 1-5., was/were negligent, careless and/or reckless in the hiring and/or contracting of its employee/agent; was negligent, careless 4 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 5 of 8 Trans ID: LCV2024742663 and/or reckless in the training and/or supervision of said employee/agent; and was/were otherwise negligent, careless and/or reckless in allowing Defendant, Douglas W. Agren to operate said bus. 24. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, aforementioned negligence, carelessness and/or recklessness, Decedent suffered various severe personal injuries both of an internal and external nature and both a permanent and temporary nature, resulting in death. 25. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, aforementioned negligence, carelessness and/or recklessness, the Decedent suffered various severe personal injuries both of an internal and external nature resulting in death. 26. As a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s aforementioned negligence, carelessness and/or recklessness, up and until the time of his death Decedent suffered fear of his impending death, pain and suffering, was deprived of ordinary pleasures of life, including but not limited to, being prevented from attending to his usual activities, duties, leisure pursuits, occupations, and avocations, all to his great detriment and loss and the enjoyment of his life. WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court deems just and equitable. 5 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 6 of 8 Trans ID: LCV2024742663 COUNT THREE 27. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates them by reference as though fully set forth at length herein. 28. As a direct and proximate result of the aforementioned negligence, gross negligence, and reckless conduct of the Defendants, the Decedent was caused to suffer extreme conscious pain and suffering before his death, as well as all other allowable survival action damages set forth in Civil Jury Charge 8.42. WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court deems just and equitable. COUNT FOUR 29. Plaintiff repeats every allegation in all of the preceding paragraphs and incorporates them by reference as though fully set forth at length herein. 30. As a direct and proximate result of the aforementioned negligence, gross negligence, and reckless conduct of the Defendants, the Plaintiffs were caused to be deprived of the future earnings of the Decedent, the advice, guidance and counsel of the Decedent, and all other allowable wrongful death damages set forth in Civil Jury Charge 8.43. WHEREFORE, Plaintiff, demands judgment against as a direct and proximate result of Defendants, Douglas W. Agren, NJ Transit Corporation and/or NJ Transit Bus Operations, Inc., John Does 1-5, and ABC Entities 1-5’s, individually, jointly and/or severally, for compensatory damages, together with interest, attorney’s fees, costs of suit and such other relief as the Court deems just and equitable. 6 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 7 of 8 Trans ID: LCV2024742663 DESIGNATION OF TRIAL ATTORNEY William J. O’Kane, Jr., is hereby designated as the trial attorney for Plaintiffs in this matter, pursuant to R.25-4. JURY DEMAND Plaintiffs demand a trial by jury as to all issues so triable. DEMAND FOR ANSWERS TO UNIFORM INTERROGATORIES Plaintiffs, hereby demand answers to Uniform Interrogatory Form C, C(1) and Uniform Interrogatory Form D, if applicable, within the appropriate time period prescribed by Rule 4:17-4. DEMAND FOR DISCLOSURE OF NON-PARTIES Please take notice that plaintiff hereby demands strict compliance with R.4:5-1(b)(2), which requires that "each party shall disclose in the certification the names of any non-party who should be joined in the action pursuant to R.4:28 or who is subject to joinder pursuant to R.4:29- 1(b) because of potential liability to any party on the basis of the same transactional facts." Plaintiff hereby demands that defendants review all available records, undertake reasonable investigation, and determine the identity of any other individuals or entities who should be joined in this action pursuant to R.4:5-1(b)(2). The failure to identify non-parties pursuant to this rule will result in an application for sanctions as well as for expenses incurred in connection with the discovery of individuals who should have been identified pursuant to the rule. ARCHER & GREINER A Professional Corporation Attorneys for Plaintiffs By: /s/ William J. O’Kane, Jr. WILLIAM J. O’KANE, JR., ESQUIRE Dated: March 21, 2024 7 ATL-L-000562-24 03/21/2024 4:44:30 PM Pg 8 of 8 Trans ID: LCV2024742663 CERTIFICATION PURSUANT TO R. 4:5-1 The undersigned hereby certifies the following: 1. The within Complaint was filed within the time period allowed by the court rules. 2. To the best of my knowledge and belief, this matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, nor is any such proceeding contemplated at this time by the Plaintiffs. 3. To the best of my knowledge and belief, there are no other parties who must be joined in this action. I hereby certify that the foregoing statements made by me are true. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. /s/ William J. O’Kane, Jr. ________ WILLIAM J. O’KANE, JR., ESQUIRE Dated: March 21, 2024 228527134 v1 8 ATL-L-000562-24 03/21/2024 ATL-L-000562-24 03/21/20244:44:30 4:44:30PM PM Pg 1 of 2 Trans TransID: ID:LCV2024742663 LCV2024742663 Civil Case Information Statement Case Details: ATLANTIC | Civil Part Docket# L-000562-24 Case Caption: EDWARDS RUTH VS NJ TRANSIT Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON- CORPORATI ON VERBAL THRESHOLD) Case Initiation Date: 03/21/2024 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 : Edwards, Ruth 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: Ruth Edwards? NO Are sexual abuse claims alleged by: Estate of John L. Barker? 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? YES Consumer Fraud? NO Medical Debt Claim? 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) ATL-L-000562-24 03/21/2024 ATL-L-000562-24 03/21/20244:44:30 4:44:30PM PM Pg 2 of 2 Trans TransID: ID:LCV2024742663 LCV2024742663 03/21/2024 /s/ WILLIAM J O'KANE JR Dated Signed