Appeals Court Upholds Dismissal of Wrongful Death Action in Favor of Lakewood Township
In Aaron v. Aponte, Bathgate, Wegener & Wolf successfully represented Lakewood Township in an appeal by a pedestrian who was killed in a one car accident while walking on a roadway under construction.
The New Jersey Appellate Division upheld the dismissal of a wrongful death action filed against Lakewood Township arising out of a tragic motor vehicle fatality. Plaintiffs appealed from orders entered by the lower court dismissing their claims against defendants Katherine Aponte, State of New Jersey, Lakewood Township and Township of Toms River.
On Nov. 11, 2007, at around midnight, the plaintiff Cordell R. Aarons Jr. (decedent) was walking along Route 70 in Toms River, when he was struck and killed by a vehicle driven by Aponte. Officer Christopher Dudzik of the Toms River Police Department conducted an investigation of the accident and issued a report in which he concluded that fault for the collision rested solely with decedent. Officer Dudzik noted that a new lane of vehicular travel was under construction on Route 70, adjacent to the eastbound lane, and it was protected by a line of construction barrels. Officer Dudzik determined that if decedent had been walking in the lane that was under construction, the accident would not have occurred. Officer Dudzik also noted that decedent was wearing all black clothing in an area that was heavily wooded on both sides and had no ambient lighting.
The Appellate Court rejected plaintiffs' argument that the section of the roadway where decedent was struck was in a dangerous condition and found that the lower court properly determined that the roadway was not in a dangerous condition. Decedent was struck while walking in the lane for vehicles, and he would not have been hit if he had been walking in the adjacent unpaved lane, which was under construction and protected by spaced, orange-colored barrels. The record established that the place where decedent was struck was only dangerous when it was not being used with due care, and decedent was not using the property with due care.
While Bathgate, Wegener & Wolf represented a public entity defendant in this matter, the Firm is well versed in representing plaintiffs in wrongful death and all personal injury matters, including those against public entities. Given the special protections afforded to public entities under the New Jersey Tort Claims Act, it is important that one retain a law firm familiar with the nuances of asserting claims against public entities and the various immunities and limitations governing claims against such entities.
The victory is important not only because the client was awarded benefits and medical treatment coverage, but also because Workers' Compensation claims based on Lyme disease are not common and are usually won by employers. In breaking the cycle of decisions favorable to employers, Jonathan Fabricant achieved an important victory for his client and paved the way for sufferers of Lyme disease to obtain compensation when the disease is work related. His zealous advocacy on behalf of clients may provide you with a basis to obtain Workers' Compensation benefits when it is difficult to demonstrate that the medical condition is work related.
The New Jersey Appellate Division upheld the dismissal of a wrongful death action filed against Lakewood Township arising out of a tragic motor vehicle fatality. Plaintiffs appealed from orders entered by the lower court dismissing their claims against defendants Katherine Aponte, State of New Jersey, Lakewood Township and Township of Toms River.
On Nov. 11, 2007, at around midnight, the plaintiff Cordell R. Aarons Jr. (decedent) was walking along Route 70 in Toms River, when he was struck and killed by a vehicle driven by Aponte. Officer Christopher Dudzik of the Toms River Police Department conducted an investigation of the accident and issued a report in which he concluded that fault for the collision rested solely with decedent. Officer Dudzik noted that a new lane of vehicular travel was under construction on Route 70, adjacent to the eastbound lane, and it was protected by a line of construction barrels. Officer Dudzik determined that if decedent had been walking in the lane that was under construction, the accident would not have occurred. Officer Dudzik also noted that decedent was wearing all black clothing in an area that was heavily wooded on both sides and had no ambient lighting.
The Appellate Court rejected plaintiffs' argument that the section of the roadway where decedent was struck was in a dangerous condition and found that the lower court properly determined that the roadway was not in a dangerous condition. Decedent was struck while walking in the lane for vehicles, and he would not have been hit if he had been walking in the adjacent unpaved lane, which was under construction and protected by spaced, orange-colored barrels. The record established that the place where decedent was struck was only dangerous when it was not being used with due care, and decedent was not using the property with due care.
While Bathgate, Wegener & Wolf represented a public entity defendant in this matter, the Firm is well versed in representing plaintiffs in wrongful death and all personal injury matters, including those against public entities. Given the special protections afforded to public entities under the New Jersey Tort Claims Act, it is important that one retain a law firm familiar with the nuances of asserting claims against public entities and the various immunities and limitations governing claims against such entities.
The victory is important not only because the client was awarded benefits and medical treatment coverage, but also because Workers' Compensation claims based on Lyme disease are not common and are usually won by employers. In breaking the cycle of decisions favorable to employers, Jonathan Fabricant achieved an important victory for his client and paved the way for sufferers of Lyme disease to obtain compensation when the disease is work related. His zealous advocacy on behalf of clients may provide you with a basis to obtain Workers' Compensation benefits when it is difficult to demonstrate that the medical condition is work related.
