Claims Against Public Entities
Board of Trustees, Police and Firemen's Retirement System
Rubin Sinins obtained a reversal of an administrative decision that required the recently retired Deputy Chief of Police for the City of Newark, who moved on to a civilian position as Police Director of the Township of Irvington, to re-enroll in the Police and Firemen’s Retirement System. The decision allowed the law enforcement veteran to continue to receive his pension benefits and to be repaid those benefits - over $70,000 - wrongfully withheld from him.
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES
Eric Kahn obtained a $7,500,000 settlement from the Division of Youth and Family Services (DYFS) for the Estate of Faheem Williams, the 7 year old who was found dead in a basement in 2003, and his two brothers. The children had been in the care of a relative under the supervision of DYFS. Claims of negligent placement and negligent supervision were alleged.
Summary:
JWHZ obtains $7,500,000 settlement from DYFS for estate of Faheem Williams
COUNTY OF BERGEN
In a claim for the estate of a 19 year-old who drowned while in a county-owned lake, Eric Kahn obtained a $575,000 settlement alleging that the lifeguards failed to properly supervise swimmers and then failed to timely respond to the victim's cousin's plea for help.
Summary:
JWHZ obtains $575,000 settlement for estate of 19-year-old drowning victim
STATE DEPARTMENT OF TRANSPORTATION
Ken Javerbaum received a settlement of $650,000 for the injured driver of a vehicle struck head-on by a drunk driver who crossed over a median divider on Route 30 in Atlantic City. Plaintiff established that the highway median owned by the State DOT was in a dangerous condition and that the defect in the roadway was a cause of the accident. The settlement was awarded after trial and after the DOT was unsuccessful in attempting to establish immunity for its hazardous highway.
STATE OF NEW JERSEY / RAHWAY PRISON
David Wikstrom obtained a settlement of $500,000 for a psychologist who worked as a therapist in a prison for sex offenders. The therapist was attacked by an inmate armed with a hand-made knife. A correction officer was able to restrain the inmate yet due to the negligence of the prison, his radio alarm was not working. Without any back up, he handed the inmate to two other inmates instructing them to hold him while he went for help. The other inmates released the assaulting inmate who then resumed his attack on the therapist until another officer arrived seconds later.
COUNTY OF MORRIS (NJ)
Jack Wurgaft received a jury verdict of $250,000 for a nurse at the Morris County Jail who was injured when she fell over a rolled up mattress that had been left in the jail’s hallway. Mr. Wurgaft established that the County of Morris was responsible for creating a dangerous condition of public property and that their actions were palpably unreasonable based upon the proofs in the case.
Claims Against Public Entities
One of the most challenging areas of practice involves handling claims against public entities which include municipalities, counties and the State of New Jersey, as well as claims against their various departments, agencies and their public employees. Recovery in such cases is controlled by The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. Because liability on the part of public entities is greatly limited by this Statute, these cases are very difficult. JW is very proud of its record of success in this practice area.