Preview
MID-L-002916-24 05/16/2024 10:46:17 AM Pg 1 of 16 Trans ID: LCV20241244736
STATHIS & LEONARDIS LLC
Sean M. Mahoney, Esq.
Attorney ID No. 155812015
32 South Main Street
Edison NJ 08837-3452
(732) 494-0600; Fax (732) 494-0206
File: 23-5452SMM
Attorneys for Plaintiff, Omar Janakat
OMAR JANAKAT, an individual SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – MIDDLESEX COUNTY
Plaintiff, DOCKET NO.: MID-L-
v.
CIVIL ACTION
JACK L. FERNANDEZ, an individual;
LIBERTY MUTUAL INSURANCE COMPLAINT & JURY DEMAND
COMPANY, a business entity; NEW
JERSEY MANUFACTURERS
INSURANCE COMPANY, a business
entity; JOHN DOES 1-20, fictitiously
named individuals; and ABC COS. 1-20,
fictitiously named business entities,
Defendants.
Plaintiff, Omar Janakat, residing in the City of Wayne and State of New Jersey,
complaining of the above-named defendants, says:
FIRST COUNT
1. On or about July 29, 2023, the Plaintiff, Omar Janakat was the driver of a motor vehicle
traveling eastbound on Black Oak Ridge Road and attempting a left turn onto Longport Road in
the Township of Wayne.
2. At the time and place aforesaid, the Defendant, Jack L. Fernandez, individually was the
owner/operator of a motor vehicle, which was traveling eastbound on Black Oak Ridge Road
near the intersection of Longport Road in the Township of Wayne.
3. At the time and place aforesaid, Defendant, Jack Fernandez, individually as the
owner/operator did operate, control, own and/or maintain their motor vehicle in a careless,
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reckless, negligent and unreasonable manner, and while under the influence of alcohol or other
substances, so as to illegally drive across the double yellow line, attempt to illegally pass the
Plaintiff, and strike Plaintiff’s vehicle at a high rate of speed.
4. As a direct and proximate result of the aforesaid carelessness and negligence of the
Defendants, and the ensuing collision, the Plaintiff, Omar Janakat was severely and permanently
injured, suffered great pain and mental anguish, was and will in the future require medical care
and attention due to the permanent nature of the injuries sustained, was and will in the future be
compelled to expend large sums of money for said medical care and attention in an attempt to
cure himself, and was and will in the future be prevented from engaging in his normal pursuits
and daily activities.
WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants
aforesaid, individually and/or jointly and severally, for:
a. Compensatory damages;
b. Attorneys fees;
c. Interest and costs of suit; and,
d. For such other relief as the Court may deem appropriate.
SECOND COUNT
1. The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First
Count as if same was set forth herein at length.
2. At the aforementioned time of the accident, plaintiff, Omar Janakat sustained personal
injuries as a result of the negligence of Defendant, Jack Fernandez, individually as the
owner/operator.
3. At the aforementioned time of the accident, the Plaintiff, Omar Janakat, vehicle was
covered under a policy of automobile insurance with Defendant New Jersey Manufacturer’s
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Insurance Company, under policy number B2147924, containing uninsured and/or underinsured
motorist coverage.
4. Upon information and belief, the policy limits of all applicable policy limits naming or
otherwise available to the Defendants are less than the Plaintiff, Omar Janakat’s uninsured and/or
underinsured motorist coverage limits.
5. Therefore, the Plaintiff, Omar Janakat is entitled to uninsured and/or underinsured
motorist coverage through New Jersey Manufacturer’s Insurance Company under the
aforementioned policy.
WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants
aforesaid, individually and/or jointly and severally, for:
e. Compensatory damages;
f. Attorneys fees;
g. Interest and costs of suit; and,
h. For such other relief as the Court may deem appropriate.
THIRD COUNT
1. The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First
Count as if same was set forth herein at length.
2. At the aforementioned time of the accident, plaintiff, Omar Janakat sustained personal
injuries as a result of the negligence of Defendant, Jack Fernandez, individually as the
owner/operator.
3. At the aforementioned time of the accident, the Plaintiff, Omar Janakat, vehicle was
covered under a policy of automobile insurance with Defendant Liberty Mutual Insurance
Company, under policy number AOJ-238-636633-40 3 6, containing uninsured and/or
underinsured motorist coverage.
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4. Upon information and belief, the policy limits of all applicable policy limits naming or
otherwise available to the Defendants are less than the Plaintiff, Omar Janakat’s uninsured and/or
underinsured motorist coverage limits.
5. Therefore, the Plaintiff, Omar Janakat is entitled to uninsured and/or underinsured
motorist coverage through Liberty Mutual Insurance Company under the aforementioned policy.
WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants
aforesaid, individually and/or jointly and severally, for:
i. Compensatory damages;
j. Attorneys fees;
k. Interest and costs of suit; and,
l. For such other relief as the Court may deem appropriate.
FOURTH COUNT
1.) The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First
Count and Second Count as if same was set forth herein at length.
2.) John Does 1-20 and ABC Cos. 1-20, represents fictitiously named individuals and/or
business entities who owned, operated, controlled, repaired and/or maintained, any vehicle who
may have contributed or caused the accident herein not identified herein, and/or any individual
and/or entity who in any way served, sold, or permitted to consume alcohol prior to said
accident.
3.) To date, the names of these individuals and/or business entities are unknown to Plaintiff.
Plaintiff reserves his right to amend the within Complaint to incorporate the name of such
individuals and/or entities in the event their names are identified and/or liability of same are
identified during the normal course of discovery.
WHEREFORE, Plaintiff, Omar Janakat does hereby demand judgment against the
Defendants, John Does 1-20 and/or ABC Cos 1-20, jointly and severally, for:
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a. Compensatory damages;
b. Attorneys fees;
c. Interest and costs of suit; and,
d. For such other relief as the Court may deem appropriate.
FIFTH COUNT
1.) The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First,
Second, Third, Counts as if same was set forth herein at length.
2.) Defendant, Jack L. Fernandez was intoxicated and under the influence of alcohol, drugS,
prescription medicationS, and/or some other foreign substanceS at the time of this collision, and
did receive a citation for same.
3.) At the present time, the identities and addresses of all individuals, locations, businesses,
establishments, or residences at which the Defendant was served or consumed alcohol or such
substances is/are unknown.
4.) Moreover, the identities and addresses of all individuals, locations, businesses,
establishments, or residences responsible for the operations of the foregoing or responsible for
the management and supervision of alcohol consumption and service, or responsible for training
and education of alcohol service, is/are unknown.
5.) Therefore, the plaintiff, Omar Janakat, has herein designated John Does (6-20) and ABC
Co’s (6-20) to respectively account for the above entities/individuals.
6.) On or about the above date, including the 24-hour period immediately preceding same,
Defendant, Jack L. Fernandez was a business patron and/or social guest on the premises of and
was actually served alcohol by John Does (6-20) and/or ABC Co’s (6-20).
7.) While a business patron and/or social guest on the premises aforesaid, John Does (6-20)
and/or ABC Co’s (6-20) did carelessly, negligently, recklessly and wantonly , serve and/or sell to
Defendant, Jack L. Fernandez intoxicating liquors and/or alcoholic beverages, or otherwise allow
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and permit Defendant, Jack L. Fernandez to do so, when said John Does (6-20) and/or ABC
CO’s (6-20) individually and/or by and through their agents servants and/or employees as
aforesaid, knew or reasonably should have known or could have reasonably ascertained by
making proper observations that Defendant, Jack L. Fernandez was visibly intoxicated and under
the influence of intoxicating liquors and/or alcoholic beverages having been served by said John
Does (6-20) and/or ABC CO’s (6-20) individually and/or by and through their agents servants,
and/or employees as aforesaid, in direct violation of the New Jersey Licensed Alcoholic
Beverage Server Fair Liability Act, N.J.S.A. § 2A:22A-1, et seq.
8.) As a direct and proximate result of the aforesaid carelessness and negligence of the
Defendants aforesaid, Defendant, Jack L. Fernandez was allowed to leave said premises in a
visibly intoxicated state, knowing that he would be operating a motor vehicle in an intoxicated
state and pose a danger to himself and others, including plaintiff herein.
9.) Such wanton and willfully disregarding conduct or failure to act arose to the level of
Punitive Damages pursuant to the Punitive Damages Act, N.J.S.A. § 2A:15-5.9 et seq.
10.) As a result of the aforesaid carelessness, negligence, recklessness and wanton nature of
the fictitious entities aforesaid, and the ensuing motor vehicle collision, the Plaintiff, Omar
Janakat, did sustain bodily injuries, He has suffered great pain of mind and body and will
continue to so suffer in the future. He has been prevented from attending to his normal and usual
activities and affairs and has been otherwise damaged. He has incurred medical and hospital
expenses in an attempt to cure himself of said injuries and will future medical and hospital
expenses due to the permanent nature of the injuries sustained.
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11.) The plaintiff, Omar Janakat, reserves his right to amend this Complaint to include such
persons and/or business entities should the identity and/or liability of same be revealed during
the course of discovery herein.
WHEREFORE, the plaintiff, Omar Janakat, does hereby demand judgment against the
defendants, John Doe (6-20) and ABC Co’s (6-20) jointly and severally for the following:
a. Compensatory damages;
b. Attorneys fees;
c. Interest and costs of suit; and,
d. For such other relief as the Court may deem appropriate.
SIXTH COUNT
1.) Plaintiff repeats and reiterates each and every paragraph of the First, Second, Third and
Fourth Counts as through fully set forth at length herein.
2.) Prior to and at the time of the aforesaid accident, Defendant, Jack L. Fernandez was
operating his vehicle while intoxicated and/or while under the influence of alcohol and/or drugs
or other controlled dangerous substances.
3.) Defendant’s intoxication directly resulted in the motor vehicle collision which caused
great harm to Plaintiff’s Omar Janakat, causing the Defendant to run over the yellow lines at a
high rate of speed and crash into the Plaintiff, who was lawfully proceeding through the
intersection.
4.) Pursuant to N.J.S.A. § 2A: 15-5.9 , et seq., known as the Punitive Damages Act,
Defendant, Jack L Fernandez’s acts and/or omissions clearly and convincingly caused harm to
Plaintiff, Omar Janakat , and such acts were actuated by actual malice or accompanied by a
wanton and willful disregard or persons who foreseeably might be harmed by those acts or
omissions, including Plaintiff, Omar Janakat.
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5.) As a result of the aforesaid carelessness, negligence, recklessness and wanton nature of
the Defendant aforesaid and the ensuing motor vehicle collision, the plaintiff, Omar Janakat did
sustain bodily injuries. He has suffered great pain of mind and body and will continue to so
suffer in the future. He has been prevented from attending to his normal and usual activities and
affairs and has been otherwise damaged. He has incurred medical and hospital expenses in an
attempt to cure himself of said injuries and will incur future medical and hospital expenses due to
the permanent nature of the injuries sustained.
WHEREFORE, the plaintiff, Omar Janakat, does hereby demand judgment against the
defendant, Jack L. Fernandez for:
a. Punitive Damages
JURY DEMAND
Demand is hereby made for a trial by jury as to all triable issues.
DESIGNATION OF TRIAL ATTORNEY
Pursuant to R. 25-4, Sean M. Mahoney, Esq. is hereby designated as trial counsel on
behalf of Plaintiff.
DEMAND FOR DISCOVERY
Plaintiff hereby demands certified answers to Uniform Interrogatories Forms C and C(2)
and the Supplemental Interrogatories within 35 days of the filing of Defendants’ Answers to this
Complaint, and responses to Plaintiff’s First Notice to Produce and Plaintiff’s First Request for
Admissions, included herein, within 35 days of the filing of Defendants’ Answers.
DEMAND FOR INSURANCE INFORMATION
Plaintiff hereby demands that the Defendants furnish to the undersigned certified, true
copies of any and all policies of insurance which were in effect on the date of accident herein and
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which may satisfy part or all of any judgment which may be entered, or which may indemnify or
reimburse for payments made to satisfy the judgment.
STATHIS & LEONARDIS LLC
Attorneys for Plaintiff
BY: __________________________
SEAN M. MAHONEY
DATED:
CERTIFICATION PURSUANT TO R. 4:5-1
It is hereby certified that to the best, present knowledge of Counsel for Plaintiff, that the
matter in controversy which is the subject of this litigation involving the named parties hereto, is
not the subject matter of controversy in any other pending litigation or arbitration proceeding,
and to the best of my knowledge and belief, no other action or arbitration proceeding is
contemplated. To the best of my knowledge, information and belief, there are no other parties to
be joined in this action, and I recognize my continuing obligation to file and serve on all parties
and the Court an amended certification if there is a change in the facts herein.
I further 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 R. 1:38-7(b).
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.
STATHIS & LEONARDIS LLC
Attorneys for Plaintiff
BY: ________________________________
MID-L-002916-24 05/16/2024 10:46:17 AM Pg 10 of 16 Trans ID: LCV20241244736
SEAN M. MAHONEY
DATED:
SUPPLEMENTAL INTERROGATORIES – DRAM SHOP
1. State the street address and identify the place where (a) you had been on the last
occasion before you entered your vehicle before the collision and (b) you next intended to drive
to at the time of the collision.
2. Please identify why you were going from point (a) to point (b) identified in
Number 1 above.
3. If you worked on the date of the collision, please state who or which entity you
worked for, the hours you worked, and whether you were on duty at the time of the collision.
4. If you purchased or consumed any alcohol within the 18-hour period immediately
preceding the collision, please state the amount and type of alcohol you consumed, and where
you purchased or consumed that alcohol.
5. If the above answer is affirmative, please identify when you entered each
establishment or residence you purchased or consumed alcohol, when you left each such
establishment or residence, and the amount and type of alcohol you consumed at each
establishment.
6. If you had any alcoholic beverages in your vehicle at the time of the collision,
please list the type and location of each such alcoholic beverage, regardless of whether same was
open or closed, but please identify whether all such drinks were open or closed.
7. At the time of the collision, were you logged in, actively seeking riders, or
actively transporting riders under any rideshare company or app, including but not limited to
Uber or Lyft?
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8. At the time of the collision, were you logged in, actively seeking orders, or
actively transporting orders under any food delivery company or app, including but not limited to
Doordash, Uber Eats, or Grubhub?
NOTICE TO PRODUCE
1. The entire Property Damage file(s), including but not limited to digital, color
reproductions (jpeg, png, heic, etc.) of all damage photos, repair estimates, repair invoices, and
market valuations.
2. All recorded statements, in audio and transcript format, from any person
involved in the subject collision. This request includes all parties, drivers, and witnesses to the
collision, and is inclusive of all such statements provided to any insurance carrier. (Please note
that, in the event the audio is destroyed or deleted after transcription, we will make an
application for spoliation and concealment of evidence.)
3. Please supply a copy of the declaration page from any and all automobile and/or
motorcycle insurance policies upon which the defendant was a named insured, additional
insured, and/or listed driver on the date of this collision, including but not limited to primary,
secondary, excess, and/or umbrella insurance policies.
4. Please supply a copy of the declaration page from any and all automobile and/or
motorcycle insurance policies upon which the defendant’s spouse was a named insured,
additional insured, and/or listed driver on the date of this collision, including but not limited to
primary, secondary, excess, and/or umbrella insurance policies.
5. Please supply a copy of the declaration page from any and all automobile and/or
motorcycle insurance policies upon which any resident relative of the defendant, including but
not limited to a parent or a sibling, was a named insured, additional insured, and/or listed driver
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on the date of this collision, including but not limited to primary, secondary, excess, and/or
umbrella insurance policies.
6. Please supply a copy of the declaration page from any and all automobile and/or
motorcycle insurance policies upon which covered or was otherwise available to the defendant
on the date of the collision.
7. Please supply a copy of the declaration page from any and all homeowners’ or
renters’ insurance policies upon which the defendant was a named insured, additional insured,
and/or listed driver on the date of this collision, including but not limited to primary, secondary,
excess, and/or umbrella insurance policies.
8. All text messages you sent to any person concerning this collision.
9. All text submissions to your insurance company, including those through an app,
concerning this collision. You may exclude communications you have had with your attorney(s).
10. All social media posts concerning this collision.
11. All documents, including phone records and statements, indicating your use or
non-use of any cell phone on the date of the collision, but limited to: 15 minutes before the
collision through 15 minutes after the collision.
12. All cell phone data, (including but not limited to text messages, GPS and other
location data, and usage data, but limited to: 15 minutes before the collision through 15 minutes
after the collision.
13. All GPS or other geolocation data, but limited to: 15 minutes before the collision
through 15 minutes after the collision.
14. All GPS, speed, tracking data, and, EZ Pass information as recorded by
defendant’s vehicle.
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15. All drawings, diagrams, or sketches prepared by you (or at your direction) of the
collision, the moments preceding, and/or its aftermath. This includes but is not limited to the
final resting place of the vehicles involved in the collision.
16. Copies of any and all documentation or reports, including but not limited to police
reports, crash reports, and/or incident or event reports concerning this collision or any
subsequent investigation of same.
17. Copies, in color, .jpeg/.png format, if applicable, of any and all photos, videos,
drawings, diagrams, or sketches, concerning this collision, the damage to any vehicle or
property, or the injuries to any party.
18. All videos from a “Dashcam” or similar video recording device for a period of 15
minutes before the collision through two hours after the collision.
19. All photographs and video equipment surveillance taken from within defendants’
vehicle capturing and recording the defendant driver, but limited to: 15 minutes before the
collision through 15 minutes after the collision.
20. Copies of any and all signed or unsigned statement, 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,
business, corporation, investigative authority or other entity concerning anything relevant to the
collision or investigation thereof.
21. Copies of any and all documentation, including but not limited to, any contracts
for service and/or repair orders for recent service and/or maintenance work performed on the
vehicle involved in this accident and any other party. You may disregard this request if you are
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not alleging a mechanical failure, defect, or issue with your vehicle that caused or contributed to
causing this collision.
22. All inspection, maintenance, and repair records concerning the vehicle you were
driving at the time of the collision, but limited to: five (5) years prior to the collision through one
(1) year after the collision. You may disregard this request if you are not alleging a mechanical
failure, defect, or issue with your vehicle that caused or contributed to causing this collision.
23. Copies of any and all documentation concerning any lease agreements concerning
any vehicle involved in this collision.
24. Copies of any and all discovery received from any other parties to the collision.
You may disregard this request if such discovery was already forwarded to Stathis & Leonardis,
LLC.
25. 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,
including “ISO Claim Searches.”
26. Copies of any and all reports and/or other investigations performed by any other
investigative authority, including any police department. This request shall include all records
obtained from such authority, including audio, video, photos, CAD reports, witness statements,
and summonses/citations.
27. Copies of any and all medical information and/or documentation concerning the
plaintiff in this matter whether it concerns any medical condition or treatment which took place
before, during or after the time of the collision.
28. Copies of any and all records of any type Subpoenaed by the defendant or
received from any other source concerning the plaintiff or the collision. This request explicitly
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includes all medical records obtained by way of HIPAA authorization provided by the plaintiff
during litigation.
29. If the defendant was working for any person or entity at the time of the collision,
please provide the defendant’s entire employment file, including but not limited to all
onboarding, training, and education documents, prior/subsequent incident/crash reports, and all
disciplinary matters directly related to the operation of any motor vehicle.
30. All reports authored or issued by any expert or retained witness concerning this
collision and/or the plaintiff’s damages/medical care and treatment.
31. At least twenty-five (25) days prior to any and all defense medical examinations
of Plaintiff scheduled by defense or on behalf of the defense by his/her attorney or carrier,
provide to Plaintiff’s counsel any and all intake forms or questionnaires that said examining
doctor will require. Plaintiff reserves the right to record the complete medical examination,
including questioning by the doctor and/or his staff. Plaintiff further reserves the right to have a
third person, as a representative of the Plaintiff, attend the medical examination, and record the
medical examination (by audio or note taking), but will, in no way, interfere, or in any way
participate in the medical examination. Failure to advise counsel of any objection thereto will
result in a motion to bar testimony filed with the Court or any other applicable remedy.
32. Within thirty (30) days of Plaintiff’s defense independent medical examination,
produce a copy of all questionnaires, forms, and intake notes taken by the defendant’s examining
doctor and/or his staff. Destruction of the notes will constitute spoliation of evidence. All
available remedies for spoliation of evidence by the examining doctor, will be pursued by the
Plaintiff.
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33. If the defendant or anyone on defendant’s behalf has made or caused to be made
any surveillance photos, videos, or other recordings of the plaintiff since the date of the incident,
please provide same. Pursuant to the Rules of Court, this interrogatory is deemed to be
continuing and plaintiff shall rely upon your answer to this interrogatory at the time of trial.
34. All writings, documents or invoices relating to the service of alcohol to this
Defendant on the relevant date.
35. All documents evidencing the purchase or consumption of alcohol in the 18-hour
period immediately preceding the Collision.
36. All financial statements (such as credit card, debit card, and e-card statements) for
the 24-hour period immediately preceding the collision. If you are more comfortable submitting
these for in camera review first, please contact me to discuss.
37. All receipts concerning the purchase or consumption of alcohol for the 24-hour
period immediately preceding the collision.
Preview
MID-L-002916-24 05/16/2024 10:46:17 AM Pg 1 of 16 Trans ID: LCV20241244736 STATHIS & LEONARDIS LLC Sean M. Mahoney, Esq. Attorney ID No. 155812015 32 South Main Street Edison NJ 08837-3452 (732) 494-0600; Fax (732) 494-0206 File: 23-5452SMM Attorneys for Plaintiff, Omar Janakat OMAR JANAKAT, an individual SUPERIOR COURT OF NEW JERSEY LAW DIVISION – MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L- v. CIVIL ACTION JACK L. FERNANDEZ, an individual; LIBERTY MUTUAL INSURANCE COMPLAINT & JURY DEMAND COMPANY, a business entity; NEW JERSEY MANUFACTURERS INSURANCE COMPANY, a business entity; JOHN DOES 1-20, fictitiously named individuals; and ABC COS. 1-20, fictitiously named business entities, Defendants. Plaintiff, Omar Janakat, residing in the City of Wayne and State of New Jersey, complaining of the above-named defendants, says: FIRST COUNT 1. On or about July 29, 2023, the Plaintiff, Omar Janakat was the driver of a motor vehicle traveling eastbound on Black Oak Ridge Road and attempting a left turn onto Longport Road in the Township of Wayne. 2. At the time and place aforesaid, the Defendant, Jack L. Fernandez, individually was the owner/operator of a motor vehicle, which was traveling eastbound on Black Oak Ridge Road near the intersection of Longport Road in the Township of Wayne. 3. At the time and place aforesaid, Defendant, Jack Fernandez, individually as the owner/operator did operate, control, own and/or maintain their motor vehicle in a careless, MID-L-002916-24 05/16/2024 10:46:17 AM Pg 2 of 16 Trans ID: LCV20241244736 reckless, negligent and unreasonable manner, and while under the influence of alcohol or other substances, so as to illegally drive across the double yellow line, attempt to illegally pass the Plaintiff, and strike Plaintiff’s vehicle at a high rate of speed. 4. As a direct and proximate result of the aforesaid carelessness and negligence of the Defendants, and the ensuing collision, the Plaintiff, Omar Janakat was severely and permanently injured, suffered great pain and mental anguish, was and will in the future require medical care and attention due to the permanent nature of the injuries sustained, was and will in the future be compelled to expend large sums of money for said medical care and attention in an attempt to cure himself, and was and will in the future be prevented from engaging in his normal pursuits and daily activities. WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants aforesaid, individually and/or jointly and severally, for: a. Compensatory damages; b. Attorneys fees; c. Interest and costs of suit; and, d. For such other relief as the Court may deem appropriate. SECOND COUNT 1. The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First Count as if same was set forth herein at length. 2. At the aforementioned time of the accident, plaintiff, Omar Janakat sustained personal injuries as a result of the negligence of Defendant, Jack Fernandez, individually as the owner/operator. 3. At the aforementioned time of the accident, the Plaintiff, Omar Janakat, vehicle was covered under a policy of automobile insurance with Defendant New Jersey Manufacturer’s MID-L-002916-24 05/16/2024 10:46:17 AM Pg 3 of 16 Trans ID: LCV20241244736 Insurance Company, under policy number B2147924, containing uninsured and/or underinsured motorist coverage. 4. Upon information and belief, the policy limits of all applicable policy limits naming or otherwise available to the Defendants are less than the Plaintiff, Omar Janakat’s uninsured and/or underinsured motorist coverage limits. 5. Therefore, the Plaintiff, Omar Janakat is entitled to uninsured and/or underinsured motorist coverage through New Jersey Manufacturer’s Insurance Company under the aforementioned policy. WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants aforesaid, individually and/or jointly and severally, for: e. Compensatory damages; f. Attorneys fees; g. Interest and costs of suit; and, h. For such other relief as the Court may deem appropriate. THIRD COUNT 1. The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First Count as if same was set forth herein at length. 2. At the aforementioned time of the accident, plaintiff, Omar Janakat sustained personal injuries as a result of the negligence of Defendant, Jack Fernandez, individually as the owner/operator. 3. At the aforementioned time of the accident, the Plaintiff, Omar Janakat, vehicle was covered under a policy of automobile insurance with Defendant Liberty Mutual Insurance Company, under policy number AOJ-238-636633-40 3 6, containing uninsured and/or underinsured motorist coverage. MID-L-002916-24 05/16/2024 10:46:17 AM Pg 4 of 16 Trans ID: LCV20241244736 4. Upon information and belief, the policy limits of all applicable policy limits naming or otherwise available to the Defendants are less than the Plaintiff, Omar Janakat’s uninsured and/or underinsured motorist coverage limits. 5. Therefore, the Plaintiff, Omar Janakat is entitled to uninsured and/or underinsured motorist coverage through Liberty Mutual Insurance Company under the aforementioned policy. WHEREFORE, Plaintiff, Omar Janakat demands judgment against the Defendants aforesaid, individually and/or jointly and severally, for: i. Compensatory damages; j. Attorneys fees; k. Interest and costs of suit; and, l. For such other relief as the Court may deem appropriate. FOURTH COUNT 1.) The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First Count and Second Count as if same was set forth herein at length. 2.) John Does 1-20 and ABC Cos. 1-20, represents fictitiously named individuals and/or business entities who owned, operated, controlled, repaired and/or maintained, any vehicle who may have contributed or caused the accident herein not identified herein, and/or any individual and/or entity who in any way served, sold, or permitted to consume alcohol prior to said accident. 3.) To date, the names of these individuals and/or business entities are unknown to Plaintiff. Plaintiff reserves his right to amend the within Complaint to incorporate the name of such individuals and/or entities in the event their names are identified and/or liability of same are identified during the normal course of discovery. WHEREFORE, Plaintiff, Omar Janakat does hereby demand judgment against the Defendants, John Does 1-20 and/or ABC Cos 1-20, jointly and severally, for: MID-L-002916-24 05/16/2024 10:46:17 AM Pg 5 of 16 Trans ID: LCV20241244736 a. Compensatory damages; b. Attorneys fees; c. Interest and costs of suit; and, d. For such other relief as the Court may deem appropriate. FIFTH COUNT 1.) The plaintiff, Omar Janakat, repeats and realleges each and every paragraph of the First, Second, Third, Counts as if same was set forth herein at length. 2.) Defendant, Jack L. Fernandez was intoxicated and under the influence of alcohol, drugS, prescription medicationS, and/or some other foreign substanceS at the time of this collision, and did receive a citation for same. 3.) At the present time, the identities and addresses of all individuals, locations, businesses, establishments, or residences at which the Defendant was served or consumed alcohol or such substances is/are unknown. 4.) Moreover, the identities and addresses of all individuals, locations, businesses, establishments, or residences responsible for the operations of the foregoing or responsible for the management and supervision of alcohol consumption and service, or responsible for training and education of alcohol service, is/are unknown. 5.) Therefore, the plaintiff, Omar Janakat, has herein designated John Does (6-20) and ABC Co’s (6-20) to respectively account for the above entities/individuals. 6.) On or about the above date, including the 24-hour period immediately preceding same, Defendant, Jack L. Fernandez was a business patron and/or social guest on the premises of and was actually served alcohol by John Does (6-20) and/or ABC Co’s (6-20). 7.) While a business patron and/or social guest on the premises aforesaid, John Does (6-20) and/or ABC Co’s (6-20) did carelessly, negligently, recklessly and wantonly , serve and/or sell to Defendant, Jack L. Fernandez intoxicating liquors and/or alcoholic beverages, or otherwise allow MID-L-002916-24 05/16/2024 10:46:17 AM Pg 6 of 16 Trans ID: LCV20241244736 and permit Defendant, Jack L. Fernandez to do so, when said John Does (6-20) and/or ABC CO’s (6-20) individually and/or by and through their agents servants and/or employees as aforesaid, knew or reasonably should have known or could have reasonably ascertained by making proper observations that Defendant, Jack L. Fernandez was visibly intoxicated and under the influence of intoxicating liquors and/or alcoholic beverages having been served by said John Does (6-20) and/or ABC CO’s (6-20) individually and/or by and through their agents servants, and/or employees as aforesaid, in direct violation of the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. § 2A:22A-1, et seq. 8.) As a direct and proximate result of the aforesaid carelessness and negligence of the Defendants aforesaid, Defendant, Jack L. Fernandez was allowed to leave said premises in a visibly intoxicated state, knowing that he would be operating a motor vehicle in an intoxicated state and pose a danger to himself and others, including plaintiff herein. 9.) Such wanton and willfully disregarding conduct or failure to act arose to the level of Punitive Damages pursuant to the Punitive Damages Act, N.J.S.A. § 2A:15-5.9 et seq. 10.) As a result of the aforesaid carelessness, negligence, recklessness and wanton nature of the fictitious entities aforesaid, and the ensuing motor vehicle collision, the Plaintiff, Omar Janakat, did sustain bodily injuries, He has suffered great pain of mind and body and will continue to so suffer in the future. He has been prevented from attending to his normal and usual activities and affairs and has been otherwise damaged. He has incurred medical and hospital expenses in an attempt to cure himself of said injuries and will future medical and hospital expenses due to the permanent nature of the injuries sustained. MID-L-002916-24 05/16/2024 10:46:17 AM Pg 7 of 16 Trans ID: LCV20241244736 11.) The plaintiff, Omar Janakat, reserves his right to amend this Complaint to include such persons and/or business entities should the identity and/or liability of same be revealed during the course of discovery herein. WHEREFORE, the plaintiff, Omar Janakat, does hereby demand judgment against the defendants, John Doe (6-20) and ABC Co’s (6-20) jointly and severally for the following: a. Compensatory damages; b. Attorneys fees; c. Interest and costs of suit; and, d. For such other relief as the Court may deem appropriate. SIXTH COUNT 1.) Plaintiff repeats and reiterates each and every paragraph of the First, Second, Third and Fourth Counts as through fully set forth at length herein. 2.) Prior to and at the time of the aforesaid accident, Defendant, Jack L. Fernandez was operating his vehicle while intoxicated and/or while under the influence of alcohol and/or drugs or other controlled dangerous substances. 3.) Defendant’s intoxication directly resulted in the motor vehicle collision which caused great harm to Plaintiff’s Omar Janakat, causing the Defendant to run over the yellow lines at a high rate of speed and crash into the Plaintiff, who was lawfully proceeding through the intersection. 4.) Pursuant to N.J.S.A. § 2A: 15-5.9 , et seq., known as the Punitive Damages Act, Defendant, Jack L Fernandez’s acts and/or omissions clearly and convincingly caused harm to Plaintiff, Omar Janakat , and such acts were actuated by actual malice or accompanied by a wanton and willful disregard or persons who foreseeably might be harmed by those acts or omissions, including Plaintiff, Omar Janakat. MID-L-002916-24 05/16/2024 10:46:17 AM Pg 8 of 16 Trans ID: LCV20241244736 5.) As a result of the aforesaid carelessness, negligence, recklessness and wanton nature of the Defendant aforesaid and the ensuing motor vehicle collision, the plaintiff, Omar Janakat did sustain bodily injuries. He has suffered great pain of mind and body and will continue to so suffer in the future. He has been prevented from attending to his normal and usual activities and affairs and has been otherwise damaged. He has incurred medical and hospital expenses in an attempt to cure himself of said injuries and will incur future medical and hospital expenses due to the permanent nature of the injuries sustained. WHEREFORE, the plaintiff, Omar Janakat, does hereby demand judgment against the defendant, Jack L. Fernandez for: a. Punitive Damages JURY DEMAND Demand is hereby made for a trial by jury as to all triable issues. DESIGNATION OF TRIAL ATTORNEY Pursuant to R. 25-4, Sean M. Mahoney, Esq. is hereby designated as trial counsel on behalf of Plaintiff. DEMAND FOR DISCOVERY Plaintiff hereby demands certified answers to Uniform Interrogatories Forms C and C(2) and the Supplemental Interrogatories within 35 days of the filing of Defendants’ Answers to this Complaint, and responses to Plaintiff’s First Notice to Produce and Plaintiff’s First Request for Admissions, included herein, within 35 days of the filing of Defendants’ Answers. DEMAND FOR INSURANCE INFORMATION Plaintiff hereby demands that the Defendants furnish to the undersigned certified, true copies of any and all policies of insurance which were in effect on the date of accident herein and MID-L-002916-24 05/16/2024 10:46:17 AM Pg 9 of 16 Trans ID: LCV20241244736 which may satisfy part or all of any judgment which may be entered, or which may indemnify or reimburse for payments made to satisfy the judgment. STATHIS & LEONARDIS LLC Attorneys for Plaintiff BY: __________________________ SEAN M. MAHONEY DATED: CERTIFICATION PURSUANT TO R. 4:5-1 It is hereby certified that to the best, present knowledge of Counsel for Plaintiff, that the matter in controversy which is the subject of this litigation involving the named parties hereto, is not the subject matter of controversy in any other pending litigation or arbitration proceeding, and to the best of my knowledge and belief, no other action or arbitration proceeding is contemplated. To the best of my knowledge, information and belief, there are no other parties to be joined in this action, and I recognize my continuing obligation to file and serve on all parties and the Court an amended certification if there is a change in the facts herein. I further 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 R. 1:38-7(b). 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. STATHIS & LEONARDIS LLC Attorneys for Plaintiff BY: ________________________________ MID-L-002916-24 05/16/2024 10:46:17 AM Pg 10 of 16 Trans ID: LCV20241244736 SEAN M. MAHONEY DATED: SUPPLEMENTAL INTERROGATORIES – DRAM SHOP 1. State the street address and identify the place where (a) you had been on the last occasion before you entered your vehicle before the collision and (b) you next intended to drive to at the time of the collision. 2. Please identify why you were going from point (a) to point (b) identified in Number 1 above. 3. If you worked on the date of the collision, please state who or which entity you worked for, the hours you worked, and whether you were on duty at the time of the collision. 4. If you purchased or consumed any alcohol within the 18-hour period immediately preceding the collision, please state the amount and type of alcohol you consumed, and where you purchased or consumed that alcohol. 5. If the above answer is affirmative, please identify when you entered each establishment or residence you purchased or consumed alcohol, when you left each such establishment or residence, and the amount and type of alcohol you consumed at each establishment. 6. If you had any alcoholic beverages in your vehicle at the time of the collision, please list the type and location of each such alcoholic beverage, regardless of whether same was open or closed, but please identify whether all such drinks were open or closed. 7. At the time of the collision, were you logged in, actively seeking riders, or actively transporting riders under any rideshare company or app, including but not limited to Uber or Lyft? MID-L-002916-24 05/16/2024 10:46:17 AM Pg 11 of 16 Trans ID: LCV20241244736 8. At the time of the collision, were you logged in, actively seeking orders, or actively transporting orders under any food delivery company or app, including but not limited to Doordash, Uber Eats, or Grubhub? NOTICE TO PRODUCE 1. The entire Property Damage file(s), including but not limited to digital, color reproductions (jpeg, png, heic, etc.) of all damage photos, repair estimates, repair invoices, and market valuations. 2. All recorded statements, in audio and transcript format, from any person involved in the subject collision. This request includes all parties, drivers, and witnesses to the collision, and is inclusive of all such statements provided to any insurance carrier. (Please note that, in the event the audio is destroyed or deleted after transcription, we will make an application for spoliation and concealment of evidence.) 3. Please supply a copy of the declaration page from any and all automobile and/or motorcycle insurance policies upon which the defendant was a named insured, additional insured, and/or listed driver on the date of this collision, including but not limited to primary, secondary, excess, and/or umbrella insurance policies. 4. Please supply a copy of the declaration page from any and all automobile and/or motorcycle insurance policies upon which the defendant’s spouse was a named insured, additional insured, and/or listed driver on the date of this collision, including but not limited to primary, secondary, excess, and/or umbrella insurance policies. 5. Please supply a copy of the declaration page from any and all automobile and/or motorcycle insurance policies upon which any resident relative of the defendant, including but not limited to a parent or a sibling, was a named insured, additional insured, and/or listed driver MID-L-002916-24 05/16/2024 10:46:17 AM Pg 12 of 16 Trans ID: LCV20241244736 on the date of this collision, including but not limited to primary, secondary, excess, and/or umbrella insurance policies. 6. Please supply a copy of the declaration page from any and all automobile and/or motorcycle insurance policies upon which covered or was otherwise available to the defendant on the date of the collision. 7. Please supply a copy of the declaration page from any and all homeowners’ or renters’ insurance policies upon which the defendant was a named insured, additional insured, and/or listed driver on the date of this collision, including but not limited to primary, secondary, excess, and/or umbrella insurance policies. 8. All text messages you sent to any person concerning this collision. 9. All text submissions to your insurance company, including those through an app, concerning this collision. You may exclude communications you have had with your attorney(s). 10. All social media posts concerning this collision. 11. All documents, including phone records and statements, indicating your use or non-use of any cell phone on the date of the collision, but limited to: 15 minutes before the collision through 15 minutes after the collision. 12. All cell phone data, (including but not limited to text messages, GPS and other location data, and usage data, but limited to: 15 minutes before the collision through 15 minutes after the collision. 13. All GPS or other geolocation data, but limited to: 15 minutes before the collision through 15 minutes after the collision. 14. All GPS, speed, tracking data, and, EZ Pass information as recorded by defendant’s vehicle. MID-L-002916-24 05/16/2024 10:46:17 AM Pg 13 of 16 Trans ID: LCV20241244736 15. All drawings, diagrams, or sketches prepared by you (or at your direction) of the collision, the moments preceding, and/or its aftermath. This includes but is not limited to the final resting place of the vehicles involved in the collision. 16. Copies of any and all documentation or reports, including but not limited to police reports, crash reports, and/or incident or event reports concerning this collision or any subsequent investigation of same. 17. Copies, in color, .jpeg/.png format, if applicable, of any and all photos, videos, drawings, diagrams, or sketches, concerning this collision, the damage to any vehicle or property, or the injuries to any party. 18. All videos from a “Dashcam” or similar video recording device for a period of 15 minutes before the collision through two hours after the collision. 19. All photographs and video equipment surveillance taken from within defendants’ vehicle capturing and recording the defendant driver, but limited to: 15 minutes before the collision through 15 minutes after the collision. 20. Copies of any and all signed or unsigned statement, 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, business, corporation, investigative authority or other entity concerning anything relevant to the collision or investigation thereof. 21. Copies of any and all documentation, including but not limited to, any contracts for service and/or repair orders for recent service and/or maintenance work performed on the vehicle involved in this accident and any other party. You may disregard this request if you are MID-L-002916-24 05/16/2024 10:46:17 AM Pg 14 of 16 Trans ID: LCV20241244736 not alleging a mechanical failure, defect, or issue with your vehicle that caused or contributed to causing this collision. 22. All inspection, maintenance, and repair records concerning the vehicle you were driving at the time of the collision, but limited to: five (5) years prior to the collision through one (1) year after the collision. You may disregard this request if you are not alleging a mechanical failure, defect, or issue with your vehicle that caused or contributed to causing this collision. 23. Copies of any and all documentation concerning any lease agreements concerning any vehicle involved in this collision. 24. Copies of any and all discovery received from any other parties to the collision. You may disregard this request if such discovery was already forwarded to Stathis & Leonardis, LLC. 25. 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, including “ISO Claim Searches.” 26. Copies of any and all reports and/or other investigations performed by any other investigative authority, including any police department. This request shall include all records obtained from such authority, including audio, video, photos, CAD reports, witness statements, and summonses/citations. 27. Copies of any and all medical information and/or documentation concerning the plaintiff in this matter whether it concerns any medical condition or treatment which took place before, during or after the time of the collision. 28. Copies of any and all records of any type Subpoenaed by the defendant or received from any other source concerning the plaintiff or the collision. This request explicitly MID-L-002916-24 05/16/2024 10:46:17 AM Pg 15 of 16 Trans ID: LCV20241244736 includes all medical records obtained by way of HIPAA authorization provided by the plaintiff during litigation. 29. If the defendant was working for any person or entity at the time of the collision, please provide the defendant’s entire employment file, including but not limited to all onboarding, training, and education documents, prior/subsequent incident/crash reports, and all disciplinary matters directly related to the operation of any motor vehicle. 30. All reports authored or issued by any expert or retained witness concerning this collision and/or the plaintiff’s damages/medical care and treatment. 31. At least twenty-five (25) days prior to any and all defense medical examinations of Plaintiff scheduled by defense or on behalf of the defense by his/her attorney or carrier, provide to Plaintiff’s counsel any and all intake forms or questionnaires that said examining doctor will require. Plaintiff reserves the right to record the complete medical examination, including questioning by the doctor and/or his staff. Plaintiff further reserves the right to have a third person, as a representative of the Plaintiff, attend the medical examination, and record the medical examination (by audio or note taking), but will, in no way, interfere, or in any way participate in the medical examination. Failure to advise counsel of any objection thereto will result in a motion to bar testimony filed with the Court or any other applicable remedy. 32. Within thirty (30) days of Plaintiff’s defense independent medical examination, produce a copy of all questionnaires, forms, and intake notes taken by the defendant’s examining doctor and/or his staff. Destruction of the notes will constitute spoliation of evidence. All available remedies for spoliation of evidence by the examining doctor, will be pursued by the Plaintiff. MID-L-002916-24 05/16/2024 10:46:17 AM Pg 16 of 16 Trans ID: LCV20241244736 33. If the defendant or anyone on defendant’s behalf has made or caused to be made any surveillance photos, videos, or other recordings of the plaintiff since the date of the incident, please provide same. Pursuant to the Rules of Court, this interrogatory is deemed to be continuing and plaintiff shall rely upon your answer to this interrogatory at the time of trial. 34. All writings, documents or invoices relating to the service of alcohol to this Defendant on the relevant date. 35. All documents evidencing the purchase or consumption of alcohol in the 18-hour period immediately preceding the Collision. 36. All financial statements (such as credit card, debit card, and e-card statements) for the 24-hour period immediately preceding the collision. If you are more comfortable submitting these for in camera review first, please contact me to discuss. 37. All receipts concerning the purchase or consumption of alcohol for the 24-hour period immediately preceding the collision.