Deceased Dover PO family sues NJT and engineer and others

Just when I thought this thing couldn't get any worse for the engineer and now the family of this police officer wants to victimize the poor engineer as well. Hasn't the man been through enough!?!

Family suing state in cop's death
NJ Transit, DOT also defendants in charges from 2003 accident

BY MARIA ARMENTAL
DAILY RECORD

DOVER -- The widow and sister of a town police officer who was struck and killed by a train while on duty are suing the state and NJ Transit, charging negligence contributed to the 2003 accident.

Officer Arthur J. Ohlsen III, an 18-year veteran with the Dover Police Department, died on Dec. 30, 2003, of injuries he sustained when he was struck by a westbound NJ Transit train while directing fire and emergency personnel to a brush fire under the South Salem overpass.

Also named as defendants are the state Department of Transportation; Michael Sabia Jr., who was operating the train; John Does, a fictitious name referring to those who started the fire; and ABC Corporation, a fictitious name for any third party that might have been responsible for maintaining the property.

The two suits -- one on behalf of Ohlsen's wife, Bonnie, and their sons, Arthur J. IV, 18, and Trevor, 15; and one on behalf of his sister, Blanche Ohlsen, and his nephew, Ryan -- were filed on Dec. 23, within two years of the accident.

"We were running against the statute of limitations and we wanted to file ... even though we are still investigating," Kevin T. Kutyla of Gruber, Colabella, Liuzza, Kutyla & Ullmann in of Hopatcong, who represents Blanche and Ryan Ohlsen, said on Tuesday.

Bonnie Ohlsen and her children are represented by Sara Sencer McArdle of Randolph.

Family members referred comments to their attorneys.

Dan Stessel, a spokesman for NJ Transit, said Tuesday that it is the agency's policy not to comment on active litigation.

At the time of the accident, an NJ Transit spokesperson had said the agency was never informed of the fire or that there would be anyone working in the area, and that the engineer operated the train properly and did not see anyone on the tracks.

While the two notices of intent to sue were filed by McArdle on March 24, 2004, Kutyla said they ultimately decided to separate the cases because "the sister's case is pushing new bounds in the law."

"We are really looking to push the (limits) of existing law by seeking to compensate a sibling and a nephew," he said.

Blanche Ohlsen is a single mom who had received help from her brother.

The cases, assigned to Superior Court Judge Catherine M. Langlois, are likely to be consolidated, Kutyla and McArdle said.

The original notices of intent to sue had also named the Town of Dover, members of the town police and fire departments, and Morris County. McArdle said those were not included in the suit because "workman's compensation exempts them from liability."

Bonnie Ohlsen is receiving workman's compensation payments on behalf of her husband.

"This collision was proximately caused by the fire set by John Does 1-10, fictitious defendants and the palpably unreasonable acts of the defendants, NJ Transit Corporation and the New Jersey Department of Transportation, in that defendants knew of and neglected the dangerous condition created on its property by individuals who frequented the area near the railroad tracks," the suits state.

At the time of the accident, authorities speculated that the brush fire could have started when homeless people who frequented the bridge area started a blaze to keep warm.

Furthermore, the suit states, "on December 30, 2003, Michael Sabia Jr. carelessly, negligently, and palpably unreasonably operated the train, causing the train to strike plaintiff, Arthur J. Ohlsen III."

NJ Transit, the state DOT and ABC Corporation "failed to exercise due care and failed to take reasonable precautions for the safety of Arthur J. Ohlsen III," the suit alleges.

McArdle said she and Kutyla expect to determine "through discovery process who, if anybody else, was responsible for maintaining the site" where the fatal accident occurred.

DailyRecord.com

I see that even though I'm out of the States the crap just keeps comming out of the wood work. How convenient for the Dover Police Dept.

I'm sorry to see that this has gone this way. Hopefully the judge will see this as a waste of time will make short work of it. It's a pretty odd case, considering half of the people being sued are unknowns. "We hope to find through the discovery process if there's anyone else to sue." You couldn't ask prior who owns the property and who maintains it? C'mon. Weak.

Wow, I'm surprised they have the balls to say what they say about the engineer. Hopefully, this family will learn a thing or two in this suit.

I have a feeling the suit from the sister and the nephew is going to get tossed early on. The other will settle out of court for an "undisclosed sum"

With the filing so close to the limit this sounds like trash trolling for cash.

This is nothing more than a nuisance lawsuit that NJT and the others will settle simply not to waste more taxpayer money sitting in courtrooms.

Hearts and prayers to the engineer, of course.

Classic garbage suit. While annoying and even unfair in some cases, this is America and anyone can sue anyone. I'm sure the engineer will do okay on this one and NJT's settlement will be minimal.

When I read that article yesterday morning I almost through a chair through the wall. I know the engineer really well and have been close to him through out his recovery. He still has a long way to go. I can't say what I think of the Dover Cops family because it would surely be edited and I would be labeled a "jerk". This is the last thing the engineer needs to worry about at this point in time. I have family ties to the Dover PD since my uncle was a Sergeant there years ago but this is way over the top. I will stop typing before I get into too much trouble over this whole mess. It would be really nice if the engineer could get his health back, return to work and live the rest of his life normally without having to deal with the outcome of something which HE DIDN"T CAUSE.

Scott

Hey, I'm as pro-litigation and lawsuit as any trial lawyer (don't believe this nonsense from Bill O'Reilly and Rush Limbaugh about taking down America. Lawsuits and contingency fees are one of the few avenues left for ordinary Americans to level the playing field. Besides, Limbaugh probably has more lawsuits in progress now than most the users of this site put together), but this is bordering on ridiculous.

Unless the sister and nephew were dependents of the cop--not simply "receiving help"--they should have no standing to sue.

I hope the engineer is suing the Dover P.D. Dover is not exactly a shining example of a well-run police department.

I just glanced quickly over this and my first and foremost concern is that the media, etc. blew the engineer's cover. Total breach of confidence possibly lending more firepower to him in his suit and/or countersuits. Does anyone concur or beg to differ?

Definitely a law suit that gives laywers a bad name! Characture of TV lawyering for sure. Just look at the inflammatory language! This lawyer has held out big promise of satisfaction to these people which they are not going to get. The biggest thing to come out of this will be his name in the media!

BlockLine_4111 wrote:I just glanced quickly over this and my first and foremost concern is that the media, etc. blew the engineer's cover. Total breach of confidence possibly lending more firepower to him in his suit and/or countersuits. Does anyone concur or beg to differ?

That was also a reaction of mine too. This engineer deserves his privacy in this matter and it has been kept- until now. Pathetic.

BlockLine_4111 wrote:I just glanced quickly over this and my first and foremost concern is that the media, etc. blew the engineer's cover. Total breach of confidence possibly lending more firepower to him in his suit and/or countersuits. Does anyone concur or beg to differ?

I feel bad for the engineer, but unfortunately his name is in public court documents, and a newspaper has to have a pretty good reason not to include it in the story. More than likely the plaintiffs' contacted the press to get some publicity.

What did the engineer do wrong?? The answer is nothing!!! For the family of the slain officer to sue the engineer or even NJT for that matter is absurd!!!! I understand the family is going through a lot of grief now, but if they really want money they should be targeting the Dover police dept. for NOT informing the NJT dispatcher that there would be police activity!!

I really hope the engineer gets through all this nonsense

The events as described and reported by the Daily Record may possibily bring liability and litigation to their (i.e. the newspapers) own doorsteps. Freedom of speech is a priviledge and privilidges are not to be abused. Just food for thought.

BlockLine_4111 wrote:The events as described and reported by the Daily Record may possibily bring liability and litigation to their (i.e. the newspapers) own doorsteps. Freedom of speech is a priviledge and privilidges are not to be abused. Just food for thought.

Newspaper is probably clear since all it did was report what was said by the lawyer and his clients. The newspaper did not invent a story, just reported.