New Jersey's Trusted Personal Injury Lawyers

Attorney David Wheaton Prevails in Title 59 New Jersey Tort Claims Act Case On Appeal!

David Wheaton AttorneyAttorney David Wheaton of Levinson Axelrod, P.A. represented the plaintiff-appellant in a Title 59 case (claims against public entities), succeeding in obtaining a reversal of the lower court’s judgment after his oral argument on March 2, 2016 (Docket No. A-0102-14T4).

The case was filed against Ocean County Ride and the Ocean County Board of Chosen Freeholders after one of their bus drivers negligently parked her bus at the corner of an intersection, eliminating our client’s ability to see into the intersection as she entered it from a side street.

Our client had to inch forward so she could see around the bus. As she attempted to enter the intersection, she was struck by an oncoming truck. The driver of that truck’s view of the intersection was also obstructed. This serious crash caused permanent significant injuries to our client.

The Appellate Court found that the trial judge in Ocean County had mistakenly granted Summary Judgment for the defendants dismissing the complaint. He had assumed the role of factfinder rather than leaving the issues of negligence to a jury.

The County also attempted to raise the “palpably unreasonable” standard as a defense. That argument was defeated, as it was made erroneously since this was not a situation arising from the County’s conduct as a landowner. David’s advocacy and briefs got the case reinstated and our client their opportunity to see justice served.

At Levinson Axelrod, P.A., we go to great lengths to ensure that our clients get the justice they deserve. Since 1939, we have recovered more than $1 billion, which we credit in large part to how deeply we care about our clients. If you were injured due to someone else’s negligence, we invite you to contact our experienced personal injury lawyers today. We represent clients throughout New Jersey.


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