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Open Government Advocacy Project:
Dunellen judge sued for malpractice in escalator injury case

Issue Detail:

On October 9, 2009, a Middlesex woman filed a lawsuit against Dennis Fackelman and his law firm of Vastola, Fackelman, Sullivan & Spengler for failing to properly protect her interests in a personal injury lawsuit. Fackelman, Dunellen\'s municipal court judge, was sued in his capacity as a private lawyer, and not as a judge. The lawsuit was filed in the Middlesex County Superior Court under Docket No. MID-L-8748-09. It was later transferred to Essex County under Docket No. ESX-L-3322-10 where it is scheduled for trial before Judge Dennis F. Carey, III on May 12, 2012. A copy of the lawsuit is on-line here The Plaintiff, Wendy Sue Clark of Second Street, Middlesex, claims that she was injured on October 25, 2007 at the Newark Airport. She alleges that her foot got stuck on a step of an escalator causing her to lose balance and fall. Besides Fackelman and his law firm, her suit names the City of Newark, the Port Authority, Schindler Elevator Corp and Jet Blue Airways as defendants. She claims that she consulted with Fackelman after her injury but that he told her \"that she did not have a good and/or viable claim against the Port Authority.\" She also claims that Fackelman didn\'t tell her she had a claim against the City of Newark or that she had a potential claim against the escalator company. She alleges that Fackelman didn\'t file the proper tort claim notices upon Newark and \"failed to institute a lawsuit against\" the Port Authority within the statute of limitations \"thereby barring and/or limiting [her] right to recover for her injuries. Fackelman has denied the allegations. These are only allegations and nothing has been proven in court. Clark is being represented by Patrick J. Bradshaw, law partner with of Middlesex County Counsel Thomas F. Kelso. Fackelman and his firm are being represented by Emery J. Mishky of Margolis Edelstein of Berkeley Heights. I believe that this case is of public interest because it alleges that a person in position of power and authority--a municipal court judge--was negligent in his duties as a lawyer. John Paff, Chairman New Jersey Libertarian Party\'s Open Government Advocacy Project Somerset, New Jersey 732-873-1251 paff@pobox.com




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New Jersey Libertarian Party Open Government Advocacy Project: Dunellen judge sued for malpractice in escalator injury case. January 26, 2012.
URL: http://ogtf.lpcnj.org/2012/2012026uO/
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