This is very good example for passing a law that any plaintiff that files a frivolous lawsuit has to pay the defendants attorney fees. I believe there is such a law in NJ but very rarely enacted. I retired as Executive Director of the Dover MUA in Toms River after 41 years as Director. I cannot begin to list the frivolous lawsuits filed against all governmental agencies. Just a few examples -- our authority was named as a defendant in a case where a woman slipped and fell on a banana in a chain grocery store in Berkeley Township. In addition the County of Ocean and the Ocean County Utility Authority were also named as defendants. A man who purchased a new home in town was doing some remodeling in his garage. A full size sheet of ceiling sheetrock fell down on him. Yes the Dover MUA was named as being a participant in having the sheet rock HE WAS WORKING ON fall. Someone driving a car on Route 35 in Point Pleasant Beach, by the amusement park, hit a pothole from a recent trench repair. It turned out ,as any moron could see, that this was a recent gas company excavation and repair, besides being 5 miles out of Dover Township. I had far to many examples of these to list. The very, very, very sad realization is that in each instance our insurance carrier threw in a few hundred dollars into the pot to get us removed as a defendant. It is far cheaper for the carrier to do this each and every time than to pay attorney fees and have the client, us, answer depositions and sit for interrogatories. This is the NORM in public government. Who is to blame? The lawyers (sorry Richard Esq.)? I was told by a few good friends, all three Superior Court Judges, that attorneys are almost compelled to name every public agency within twenty five miles for fear of leaving out any potential defendant that may have any responsibility. Then the attorney would be sued for negligent omission for missing the local garbage collector. And insurance carries just PAY. I fought like hell to have our carrier counter-sue for a frivolous lawsuit. All I got was Broome, you dont understand the way the legal system works. Maybe I dont, but I certainly know how it SHOULDNT work. MAKE THE PLAINTIFF PAY.
Posted on: Sun, 02 Mar 2014 22:05:07 +0000