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Saturday, July 26, 2014

Second Tort Claim Notice Filed Against Township After Fatal Accident in Galloway

On May 30, 2014, a Tort Claim Notice was filed against the State of New Jersey, Atlantic County and the Township of Galloway by Cape May Court House based Attorney Robert S. Sandman of Hankin, Sandman Palladino & Weintrob Law Firm. 

The Tort Claim Notice was filed on behalf of Anna & Howard Jordan of Galloway Township, following an accident that claimed Anna Jordan's friend's life, Elizabeth Torpey on March 19, 2014 in Galloway Township.

This is the second Tort Claim Notice filed as a result of this accident. On May 1, 2014, a Tort Claim Notice was filed against the State of New Jersey, Atlantic County and the Township of Galloway by Egg Harbor Township based Attorney Paul R. D’Amato, Esq. of the D’Amato Law Firm. That Tort Claim was filed on behalf of the family for the Estate of Elizabeth Torpey. Torpey’s Estate is seeking $5 million in damages and other acts of negligence which will be revealed during the discovery phase of litigation.

According to the accident report, the fatal accident occurred on South Liepzig Avenue and West Country Club Drive. Torpey and her friend, Anna Jordan, were walking on the sidewalk, when Torpey was fatally struck by a 2007 Honda Civic driven by Sharon Musher, of Philadelphia, PA. Jordan was also hit by Musher’s vehicle, but was treated and released from the hospital.

According to documents released by Galloway Township Municipal Court, on March 20, 2014, Musher was charged with Careless Driving and Failure to Maintain Lane. Both indicating Death / Serious Bodily Injury occurred. According to Roseanne Lugg, Court Administrator for Galloway Township, the charges have been sent to the Atlantic County Prosecutors Office for Investigation. 

The Jordan's claim negligence on the behalf of the governmental entities. According to the Tort Claim Notice, the entities allegedly permitted the creation of dangerous conditions on Liepzig Avenue that caused Sharon Musher to lose control of the vehicle she was driving. The notice also alleges there was a failure to install guardrails to prevent from errant vehicles from proceeding onto the property that pedestrians would be walking on, the failure to eliminate potholes or other road surface conditions that caused Sharon Musher to lose control of the vehicle she was driving. 

The Notice states as a result of the accident, Anna Jordan sustained various personal injuries to multiple parts of her body, including, without limitation, her entire right side, ankle and leg including a fractured fibula and closed head injury. The damage is claimed to be in the nature of loss of consortium. 

The monetary amount of damages have not been claimed in the notice, pending further discovery in the case. 

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