Preview
MID-L-002911-24 05/16/2024 9:54:41 AM Pglof5 Trans ID: LCV20241243994
O'BRIEN, BELLAND & BUSHINSKY, LLC
By: Thomas F. Karpousis, Esquire — NJ Attorney ID No.: 028171990
509 S. Lenola Road, Building 6
Moorestown, New Jersey 08057
(856) 795-2181
ATTORNEYS FOR PLAINTIFF
GARY AND KATHLEEN FALLON, SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY - LAW DIVISION
Plaintiff(s),
Vv. DOCKET NO.:
NJ BELL c/o KROLL LLC, JOHN Civil Action
DOES 1-5, and JOHN DOES 6-10,
Defendant(s). COMPLAINT AND JURY DEMAND
Plaintiffs, Gary and Kathleen Fallon, residing at 7 Delaney Court, Bridgewater, New
Jersey 08807, by way of Complaint against the Defendants say:
COUNT ONE
1 At all times relevant hereto, Plaintiffs, Gary and Kathleen Fallon, are adult
citizens of the State of New Jersey residing therein at 7 Delaney Court, Bridgewater, New Jersey
08807.
2 At all times relevant hereto, Defendants, NJ Bell c/o Kroll LLC, were the
owners/landlords and/or lessees of the premises located at 1879 Lincoln Highway (Route 27),
Edison Township, New Jersey.
3 At all times relevant hereto, Defendants, John Does 1-5, were individuals,
associations, corporations, partnerships or other business entitled or individuals who had
contracted with the owners, landlords, lessees or managers or were in other ways responsible for
the condition of the premises located at 1879 Lincoln Highway (Route 27), Edison Township,
New Jersey, whose names are unascertainable by the Plaintiffs at this time despite diligent
inquiry.
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4 At all times relevant hereto, Defendants, John Does 6-10, were individuals,
associations, corporations, partnerships or other business entities or individuals who had
contracted with the owners, landlords, lessees or managers of the property located at 1879
Lincoln Highway (Route 27), Edison Township, New Jersey, to provide maintenance to the
premises or were otherwise responsible for the upkeep and maintenance of said premises
including, but not limited to, the design, maintenance, repair and/or upkeep of an internal
staircase. John Does 6-10’s identities are undiscoverable by the Plaintiffs at this time despite due
diligence to ascertain same.
5 On or about May 18, 2022, Plaintiff, Gary Fallon, was in the course and scope of
his employment with Verizon and was a business invitee upon the premises of 1879 Lincoln
Highway (Route 27), Edison Township, New Jersey.
6 On said date, Plaintiff was in the process of walking down an internal staircase on
that premises when he lost his balance and fell causing severe and permanent personal injuries
due to a defect in the design and/or maintenance of the stairs in question.
in The step in question was defectively designed or maintained in that the riser was
too high, the step was too narrow, the handrail was defective as to its height, location and design,
and/or the step and staircase in question were otherwise defective.
8 The defective condition of the staircase in question caused Plaintiff to lose his
balance and fall thereby causing severe and permanent personal injuries.
9 Defendants were negligent in failing to provide the Plaintiff with a safe place to
work, in failing to maintain their property in a safe condition, and in failing to warn persons
foreseeably using said property that a dangerous and hazardous condition existed thereon.
10. The injuries sustained by Plaintiff, Gary Fallon, were proximately caused by the
Defendants, in their negligent failure to maintain their property in a safe condition and in their
2
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negligent failure to warn persons foreseeably using said property of the dangerous condition
existing thereto.
11. As a result of the negligence of the Defendants, Plaintiff, Gary Fallon, has
suffered and will in the future suffer great pain, has been and will in the future will be required to
expend large sums of money in an effort to cure himself of his injuries, has been unable to
engage in his usual business and thereby sustained lost earnings and has otherwise been
damaged.
WHEREFORE, Plaintiff, Gary Fallon, demands judgment against the Defendants for
damages, attorney’s fees, interest, costs of suit and such other relief as this Court deems
equitable and just.
COUNT TWO
Plaintiffs, Gary and Kathleen Fallon, husband and wife, repeat and re-allege each and
every paragraph of this Complaint as if fully set forth herein at length.
1 At all times and places relevant hereto Plaintiff, Kathleen Fallon, is the wife of
Plaintiff, Gary Fallon, and therefore entitled to his care, consortium and services.
2. As a direct and proximate result of the negligence of the Defendants as set forth
above, Plaintiff, Kathleen Fallon, has been deprived of the care, consortium and services of her
husband, Plaintiff, Gary Fallon.
WHEREFORE, Plaintiffs, Gary and Kathleen Fallon, husband and wife, demand
judgment against the Defendants, for damages, interest, costs of suit and such other relief as this
Court deems equitable and just.
O’BRIEN, BELLAND & BUSHINSKY, LLC
By: 4s/ Thomas F. Karpousis, Esquire
Thomas F. Karpousis, Esquire
Dated: 5/16/2024
MID-L-002911-24 05/16/2024 9:54:41 AM Pg4of5 Trans ID: LCV20241243994
DEMAND FOR ANSWERS TO INTERROGATORIES
The Plaintiff hereby request that Defendants answer all questions in the Uniform
Interrogatories found in Appendix II of the Rules governing the Courts of the State of New
Jersey within the time provided in accordance with Rule 4:17-4, et. seq. Plaintiff further request
that all parties supply copies of any and all Answers to Interrogatories which they have provided
to other parties to this action. Please note that this is a continuing request.
O’BRIEN, BELLAND & BUSHINSKY, LLC
By: /4s/ Thomas F. Karpousis, Esquir
Thomas F. Karpousis, Esquire
DEMAND FOR JURY TRIAL
Plaintiff hereby demand a trial by jury.
O’BRIEN, BELLAND & BUSHINSKY, LLC
By: 4/ Thomas F. Karpousis, Esquire
Thomas F. Karpousis, Esquire
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Thomas F. Karpousis, Esquire is hereby designated as trial
counsel in the above matter.
O’BRIEN, BELLAND & BUSHINSKY, LLC
By: 4s/ Thomas F. Karpousis. Esquire
Thomas F. Karpousis, Esquire
MID-L-002911-24 05/16/2024 9:54:41 AM Pg5of5 Trans ID: LCV20241243994
CERTIFICATION PURSUANT TO RULE 4:5-1
1 Thereby certify that, to my knowledge, the matter in controversy is not the subject
of any other action pending in any Court or of a pending arbitration proceeding.
2 To my knowledge, no other action or arbitration procedure is contemplated.
3 I have no knowledge at this time of the names of any other parties who should be
joined in this action.
O’BRIEN, BELLAND & BUSHINSKY, LLC
By: /4s/ Thomas F. Karpousis, Esquire
Thomas F. Karpousis, Esquire
Dated: 5/16/2024
Preview
MID-L-002911-24 05/16/2024 9:54:41 AM Pglof5 Trans ID: LCV20241243994 O'BRIEN, BELLAND & BUSHINSKY, LLC By: Thomas F. Karpousis, Esquire — NJ Attorney ID No.: 028171990 509 S. Lenola Road, Building 6 Moorestown, New Jersey 08057 (856) 795-2181 ATTORNEYS FOR PLAINTIFF GARY AND KATHLEEN FALLON, SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY - LAW DIVISION Plaintiff(s), Vv. DOCKET NO.: NJ BELL c/o KROLL LLC, JOHN Civil Action DOES 1-5, and JOHN DOES 6-10, Defendant(s). COMPLAINT AND JURY DEMAND Plaintiffs, Gary and Kathleen Fallon, residing at 7 Delaney Court, Bridgewater, New Jersey 08807, by way of Complaint against the Defendants say: COUNT ONE 1 At all times relevant hereto, Plaintiffs, Gary and Kathleen Fallon, are adult citizens of the State of New Jersey residing therein at 7 Delaney Court, Bridgewater, New Jersey 08807. 2 At all times relevant hereto, Defendants, NJ Bell c/o Kroll LLC, were the owners/landlords and/or lessees of the premises located at 1879 Lincoln Highway (Route 27), Edison Township, New Jersey. 3 At all times relevant hereto, Defendants, John Does 1-5, were individuals, associations, corporations, partnerships or other business entitled or individuals who had contracted with the owners, landlords, lessees or managers or were in other ways responsible for the condition of the premises located at 1879 Lincoln Highway (Route 27), Edison Township, New Jersey, whose names are unascertainable by the Plaintiffs at this time despite diligent inquiry. MID-L-002911-24 05/16/2024 9:54:41 AM Pg2of5 Trans ID: LCV20241243994 4 At all times relevant hereto, Defendants, John Does 6-10, were individuals, associations, corporations, partnerships or other business entities or individuals who had contracted with the owners, landlords, lessees or managers of the property located at 1879 Lincoln Highway (Route 27), Edison Township, New Jersey, to provide maintenance to the premises or were otherwise responsible for the upkeep and maintenance of said premises including, but not limited to, the design, maintenance, repair and/or upkeep of an internal staircase. John Does 6-10’s identities are undiscoverable by the Plaintiffs at this time despite due diligence to ascertain same. 5 On or about May 18, 2022, Plaintiff, Gary Fallon, was in the course and scope of his employment with Verizon and was a business invitee upon the premises of 1879 Lincoln Highway (Route 27), Edison Township, New Jersey. 6 On said date, Plaintiff was in the process of walking down an internal staircase on that premises when he lost his balance and fell causing severe and permanent personal injuries due to a defect in the design and/or maintenance of the stairs in question. in The step in question was defectively designed or maintained in that the riser was too high, the step was too narrow, the handrail was defective as to its height, location and design, and/or the step and staircase in question were otherwise defective. 8 The defective condition of the staircase in question caused Plaintiff to lose his balance and fall thereby causing severe and permanent personal injuries. 9 Defendants were negligent in failing to provide the Plaintiff with a safe place to work, in failing to maintain their property in a safe condition, and in failing to warn persons foreseeably using said property that a dangerous and hazardous condition existed thereon. 10. The injuries sustained by Plaintiff, Gary Fallon, were proximately caused by the Defendants, in their negligent failure to maintain their property in a safe condition and in their 2 MID-L-002911-24 05/16/2024 9:54:41 AM Pg3of5 Trans ID: LCV20241243994 negligent failure to warn persons foreseeably using said property of the dangerous condition existing thereto. 11. As a result of the negligence of the Defendants, Plaintiff, Gary Fallon, has suffered and will in the future suffer great pain, has been and will in the future will be required to expend large sums of money in an effort to cure himself of his injuries, has been unable to engage in his usual business and thereby sustained lost earnings and has otherwise been damaged. WHEREFORE, Plaintiff, Gary Fallon, demands judgment against the Defendants for damages, attorney’s fees, interest, costs of suit and such other relief as this Court deems equitable and just. COUNT TWO Plaintiffs, Gary and Kathleen Fallon, husband and wife, repeat and re-allege each and every paragraph of this Complaint as if fully set forth herein at length. 1 At all times and places relevant hereto Plaintiff, Kathleen Fallon, is the wife of Plaintiff, Gary Fallon, and therefore entitled to his care, consortium and services. 2. As a direct and proximate result of the negligence of the Defendants as set forth above, Plaintiff, Kathleen Fallon, has been deprived of the care, consortium and services of her husband, Plaintiff, Gary Fallon. WHEREFORE, Plaintiffs, Gary and Kathleen Fallon, husband and wife, demand judgment against the Defendants, for damages, interest, costs of suit and such other relief as this Court deems equitable and just. O’BRIEN, BELLAND & BUSHINSKY, LLC By: 4s/ Thomas F. Karpousis, Esquire Thomas F. Karpousis, Esquire Dated: 5/16/2024 MID-L-002911-24 05/16/2024 9:54:41 AM Pg4of5 Trans ID: LCV20241243994 DEMAND FOR ANSWERS TO INTERROGATORIES The Plaintiff hereby request that Defendants answer all questions in the Uniform Interrogatories found in Appendix II of the Rules governing the Courts of the State of New Jersey within the time provided in accordance with Rule 4:17-4, et. seq. Plaintiff further request that all parties supply copies of any and all Answers to Interrogatories which they have provided to other parties to this action. Please note that this is a continuing request. O’BRIEN, BELLAND & BUSHINSKY, LLC By: /4s/ Thomas F. Karpousis, Esquir Thomas F. Karpousis, Esquire DEMAND FOR JURY TRIAL Plaintiff hereby demand a trial by jury. O’BRIEN, BELLAND & BUSHINSKY, LLC By: 4/ Thomas F. Karpousis, Esquire Thomas F. Karpousis, Esquire DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Thomas F. Karpousis, Esquire is hereby designated as trial counsel in the above matter. O’BRIEN, BELLAND & BUSHINSKY, LLC By: 4s/ Thomas F. Karpousis. Esquire Thomas F. Karpousis, Esquire MID-L-002911-24 05/16/2024 9:54:41 AM Pg5of5 Trans ID: LCV20241243994 CERTIFICATION PURSUANT TO RULE 4:5-1 1 Thereby certify that, to my knowledge, the matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding. 2 To my knowledge, no other action or arbitration procedure is contemplated. 3 I have no knowledge at this time of the names of any other parties who should be joined in this action. O’BRIEN, BELLAND & BUSHINSKY, LLC By: /4s/ Thomas F. Karpousis, Esquire Thomas F. Karpousis, Esquire Dated: 5/16/2024