Latest News 2011 April Supreme Court Allows Lawsuit in USA for So. Africa Crash

Supreme Court Allows Lawsuit in USA for So. Africa Crash

A Florida resident, accused of injuring two New Jersey residents in a car crash in South Africa, is being sued in a personal injury case in Bergen County, per a state Supreme Court ruling, and as reported by North Jersey.com

The venue issue has been a unique one as the accident took place in South Africa, but all of the parties involved were either American citizens or American corporations.

The court's ruling was unanimous.

The plaintiffs, A.Y. and C.R., will be looking at a larger scale award in Bergen County than the courts in South Africa would have allowed, if they win their case.  In South Africa awards are generally made for compensatory damages.   Justice Barry T. Albin said, that the judgments in South Africa are "far less generous that those in New Jersey."

A.Y. is from Budd Lake and C.R. is from Oxford Township.

According to court papers, when the incident occurred five years ago both men, A.Y. and C.R., were workings for the U.S. army on a project.  It was through their work that they encountered D.E., of Florida.

D.E. was working for defense contractor General Dynamics-Ordinance and Tactical Systems, Inc.

In 2006 D.E. drove A.Y. and C.R., and a third colleague, in a rented Volkswagen van.  As the group traveled from Potchefstroom D.E. allegedly ran a stop sign and crashed into another vehicle.

A.Y. suffered the greatest injuries.  He remained in a South African hospital for a month before returning to his home in New Jersey.   Once home he had many years of treatment for brain injury.   He is also legally blind and cannot move without someone assisting him.

A.Y. was supporting both a wife and four children prior to the accident.

C.R. also spent time in a South African hospital - for surgical procedures - before returning home and having treatment for both neck and leg injuries.

The lawsuit was filed against D.E., General Dynamics, the Hertz Corp., and Geico Insurance.

As Hertz is based in Park Ridge, the suit was filed in Bergen County - though Hertz has since been dismissed from the case.

Arguing that New Jersey is not the forum for an incident that occurred in South Africa, defense attorneys asked the judge to dismiss the case. They argued that South African interests included the maintenance, and safety, of their own roads - and any crash that occurred within their own borders.

Both a trial judge, and then an appeals panel, disagreed. 

The Supreme Court, in its 7-0 ruling, cited that all of the parties in the dispute are American, the medical evidence is here and so are the eyewitnesses.

The plaintiff's attorney said, "At its core, this case has always been about a General Dynamics employee who failed to heed traffic signals, resulting in catastrophic injuries to my client.   The only nexus to South Africa is that the accident happened in South Africa."

If you have been hurt in a personal injury scenario, no matter where it occurred, contact a personal injury lawyer to help you with a lawsuit.  You are due monetary compensation for your pain and suffering!

Categories: Car Accidents

Archives