Edison, NJ – Eric J. Wallenstein and his spouse Evelyn Borchert Billik have filed a lawsuit against the Township of Edison on February 3rd 2025 along with fictitious defendants John Doe 1-10 and ABC Corp 1-10, in the Superior Court of New Jersey, Law Division: Middlesex County (Docket No: MID-L-000702-25). The complaint alleges negligence on the part of the township related to an unsecured manhole cover that was not repaired for an extended period of time on Brookfall Road in Edison.
According to the complaint, Wallenstein was driving a motor vehicle on Brookfall Road when his vehicle encountered a manhole cover that was allegedly not secured and prone to movement. The plaintiffs claim the road and manhole covers were owned, operated, maintained, managed, cared for, possessed, and/or controlled by the defendants.
Brookfall Road is just one example of a disturbing trend in Edison: streets left half-paved, a patchwork of smooth asphalt abruptly transitioning into stretches of cracked, potholed, and crumbling road. This isn’t just an eyesore; it’s a clear indication of mismanagement and a disservice to residents. Piecemeal paving not only creates a jarring and potentially dangerous driving experience, it’s a wastes taxpayer dollars and is a liability nightmare.
The lawsuit asserts that the Township of Edison had a duty to maintain the roadway in a reasonably safe condition. The complaint alleges the defendants acted “palpably unreasonable” by allowing the unsecured manhole cover to remain in place, claiming it constituted a dangerous condition of which the defendants had actual and constructive notice due to prior reported incidents. Furthermore, the suit alleges the defendants failed to address the dangerous condition despite this notice and only rectified it after receiving notice of the plaintiff’s claim and the extent of his injuries.
The plaintiffs contend that the unsecured manhole cover caused Wallenstein’s vehicle to jolt suddenly, resulting in serious injuries. They claim the defendants are liable for failing to prevent the dangerous condition, failing to maintain the road and manhole cover, and failing to provide adequate warning of the hazard. As a result of the incident, Wallenstein alleges he suffered severe and permanent injuries, significant pain, loss of income, impairment of earning capacity, and incurred medical expenses. His wife, Evelyn Borchert Billik, is also claiming damages for loss of consortium.
The complaint includes three counts: Wallenstein is demanding a jury trial and is represented by Abraham N. Milgraum, Esq., of Blume, Forte, Fried, Zerres & Molinari, PC.
The lawsuit seeks judgment against the defendants, including interest and costs of suit. The case is ongoing, and the Township of Edison has yet to file a response to the complaint. Further details may emerge as the legal proceedings unfold.
