Sued For Dying in New Jersey

One of those rare stories that is so ridiculous as to be more funny than tragic, despite the circumstances.  Kieran Crowley at the  New York Post (h/t Overlawyered) with the exclusive story about the New Jersey Authority suing the victims of a horrible auto accident for getting blood all over their asphalt.

The background is horrible.

The crash occurred after a tractor-trailer with bad brakes, carrying bricks and traveling at 70 mph, plowed into stalled traffic, smashing into a car driven by Theresa Christmas, 41.  Christmas was killed, as was her husband, Charles, 40, and daughter Victoria, 2, sources said. Another daughter, baby Theresa, survived the crash.  The truck then hit a car driven by Norma Ryan, 37, who also was killed.

No matter how hard I strain, I can find no liability on the part of the two families slaughtered by the brick truck.  But when it comes to protecting the New Jersey Turnpike, there’s no need for liability.

The negligence suit, filed by lawyer William B. Ziff on behalf of the New Jersey Turnpike Authority, demanded money from both the Ryan and Christmas families, who lost relatives – including a toddler.

Talk about a toll road.  But is there a happy ending to this shocker?  “After The Post called about the lawsuit, Ziff rushed out to Union County Superior Court and canceled it.”

“It should not have happened,” said NJTA spokesman Joe Orlando. “It was a clerical error. We would like to apologize to the family.”

Could the claim that this was “a clerical error” be just a wee bit disingenuous?  A lawyer for the Turnpike Authority had to draft the papers.  This means that someone had to exert a modicum of thought as to who to sue and why.  It then had to be reduced to writing.  It then had to be approved by someone’s supervisor.  It then had to be served and filed.  A clerical error?  Not likely.  But spokesman Joe is right about one thing, it should not have happened.

Notably, had Kieran Crowley not picked up on this lawsuit, you have to wonder how far down the road of “clerical errors” this would have gone before some judge (hopefully) tossed it.  The minute the Turnpike Authority realized that the media caught on to their scam, they “canceled” it and apologized.  So if Kieran hadn’t called, would there be another clerical error involving 5 hours of depositions?

Just so you know, Kieran Crowley is a good guy.  He did a book about  one of my cases a while back, and I got to know him very well.  Don’t let the fact that he works for the New York Post fool you. 


Discover more from Simple Justice

Subscribe to get the latest posts sent to your email.