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  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
  • Siegel Joan Vs Actor'S Fund Nursing HomeProfessional Malpractice document preview
						
                                

Preview

BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 14 Trans ID: LCV20233077289 Eric D. Heicklen, Esquire (Attorney ID: 019022003) Caitlin L. Cardene, Esquire (Attorney ID: 396352022) BUCHANAN INGERSOLL & ROONEY, PC 700 Alexander Park, Suite 300 Princeton, New Jersey 08540 (609) 987-6800 Attorneys for Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home JOAN L. SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION BERGEN COUNTY PLAINTIFF DOCKET NO. BER-L-001873-22 vs. CIVIL ACTION ACTORS FUND NURSING HOME, PATHWAYS OF NOTICE OF MOTION TENNESSEE, JOHN DOES 1-10, XYZ COMPANY 1-10 DEFENDANTS TO: The Superior Court of New Jersey Law Division – Bergen County 10 Main St. Hackensack, NJ 07601 Bruce Egert, Esq. Law Offices of Bruce Egert 9 Kansas Street Hackensack NJ 07601-5330 Attorney for Plaintiff PLEASE TAKE NOTICE that on November 3, 2023, at 9:00 a.m., or as soon thereafter as counsel may be heard, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home, by and through its attorneys, shall move before the Superior Court of New Jersey, Law Division, Bergen County, 1 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 2 of 14 Trans ID: LCV20233077289 located at 10 Main Street, Hackensack, New Jersey 07601, for the entry of an Order dismissing Plaintiff’s claims based on the conduct of any professionals for failure to support same with a sufficient Affidavit of Merit. PLEASE TAKE FURTHER NOTICE that in support of this Motion, Defendant shall rely upon the accompanying Certification of Counsel (with attached Exhibits) and Memorandum of Law, together with all other pleadings and papers filed or served in this action. PLEASE TAKE FURTHER NOTICE that the undersigned counsel waives oral argument unless timely opposition is filed. Pursuant to R. 1:6-2(a), a proposed form of Order is enclosed. BUCHANAN INGERSOLL & ROONEY PC Attorneys for Defendant By: /s/ Eric D. Heicklen Eric D. Heicklen, Esquire Caitlin L. Cardene, Esquire Dated: October 9, 2023 2 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 3 of 14 Trans ID: LCV20233077289 Eric D. Heicklen, Esquire (Attorney ID: 019022003) Caitlin L. Cardene, Esquire (Attorney ID: 396352022) BUCHANAN INGERSOLL & ROONEY, PC 700 Alexander Park, Suite 300 Princeton, New Jersey 08540 (609) 987-6800 Attorneys for Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home JOAN L. SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION BERGEN COUNTY PLAINTIFF DOCKET NO. BER-L-001873-22 vs. CIVIL ACTION ACTORS FUND NURSING HOME, PATHWAYS OF CERTIFICATION OF COUNSEL TENNESSEE, JOHN DOES 1-10, XYZ COMPANY 1-10 DEFENDANTS I, Eric D. Heicklen, being of full age, hereby certify and state that: 1. I am an attorney at law of the State of New Jersey, and a Shareholder in the law firm of Buchanan Ingersoll & Rooney PC, attorneys for Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home (hereinafter “Actors Fund Nursing Home”). 2. I am one of the attorneys responsible for handling this matter. I am fully familiar with the facts set forth herein. 3 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 4 of 14 Trans ID: LCV20233077289 3. I submit this Certification pursuant to Rule 1:6 in support of Defendant’s motion to dismiss Plaintiff’s claims of negligence based on the conduct of any nursing and/or therapy professionals for Plaintiff’s failure to provide any Affidavit of Merit (“AOM”) to support those claims. 4. Plaintiff filed a Complaint on or about April 4, 2022, alleging negligence Defendant, Actors Fund Nursing Home, a skilled nursing facility, alleging that Plaintiff, Joan Siegel, sustained a fracture to her left ankle. See Exhibit A. 5. Moving Defendant filed an Answer and Affirmative Defenses on June 22, 2022. See Exhibit B. 6. Moving Defendant filed a Motion for Leave to File a Third-Party Complaint against Functional Pathways of Tennessee, LLC on April 10, 2023. See Exhibit C. 7. Thereafter, on April 11, 2023, Plaintiff filed a Cross Motion to Amend her Complaint to include Functional Pathways of Tennessee, LLC. See Exhibit D. 8. On April 28, 2023, the Court granted Moving Defendant’s Motion to File a Third-Party Complaint. 9. On May 3, 2023, the Court granted Plaintiff’s Motion to Amend her Complaint. 10. Plaintiff filed an Amended Complaint on May 8, 2023, alleging that, among other things, Moving Defendant, a skilled- 4 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 5 of 14 Trans ID: LCV20233077289 nursing facility, departed from the applicable and necessary standard of care, and as a result, the Plaintiff alleges she sustained a severe sprain and fracture of her left ankle. Given that the Defendant is a skilled-nursing facility, these are allegations of professional malpractice – and are not simple allegations of basic tort. Plaintiff’s Amended Complaint also included allegations against Functional Pathways of Tennessee, LLC. See Exhibit E. 11. On May 16, 2023, Moving Defendant filed the Third- Party Complaint against Functional Pathways of Tennessee, LLC. See Exhibit F. 12. On May 16, 2023, Moving Defendant filed an Answer and Affirmative Defenses to Plaintiff’s Amended Complaint, along with a Certification to Change Track Assignment. See Exhibit G. 13. On June 2, 2023, the Court granted the Certification to Change Track Assignment, thereby changing the case track to Track 3 and the case type to “Professional Malpractice.” See Exhibit G. 14. N.J.S.A. 2A:53a-27, et seq provides in relevant part: In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an 5 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 6 of 14 Trans ID: LCV20233077289 affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause. 15. Pursuant to N.J.S.A. 2A:53a-27, et seq, Plaintiff was required to submit an Affidavit of Merit by July 15, 2023. 16. To date, 143 days have passed since Moving Defendant filed an Answer and Affirmative Defenses to Plaintiff’s Amended Complaint. 17. To date, Plaintiff has not submitted any Affidavit of Merit as required by N.J.S.A. 2A:53a-27, et seq. 18. Moving Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home, now moves to dismiss Plaintiff’s claims that are based on the conduct of any nursing and/or therapy professionals for failure to support same with a sufficient Affidavit of Merit. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. By: /s/ Eric D. Heicklen, Esq. Eric D. Heicklen, Esq 6 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 7 of 14 Trans ID: LCV20233077289 Dated: October 9, 2023 Eric D. Heicklen, Esquire (Attorney ID: 019022003) Caitlin L. Cardene, Esquire (Attorney ID: 396352022) BUCHANAN INGERSOLL & ROONEY, PC 700 Alexander Park, Suite 300 Princeton, New Jersey 08540 (609) 987-6800 Attorneys for Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home JOAN L. SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION BERGEN COUNTY PLAINTIFF DOCKET NO. BER-L-001873-22 vs. CIVIL ACTION ACTORS FUND NURSING HOME, PATHWAYS OF TENNESSEE, JOHN DOES 1-10, XYZ COMPANY 1-10 DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CLAIMS BASED ON THE CONDUCT OF ANY NURSING AND/OR THERAPY PROFESSIONALS BUCHANAN INGERSOLL & ROONEY, PC 700 Alexander Park, Suite 300 Princeton, New Jersey 08540 (609) 987-6800 Attorneys for Defendant On the Brief: Eric D. Heicklen, Esq. Caitlin L. Cardene, Esq. 7 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 8 of 14 Trans ID: LCV20233077289 PRELIMINARY STATEMENT Plaintiff filed an Amended Complaint against Moving Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home (“Actors Fund Nursing Home”) and Functional Pathways of Tennessee, LLC, alleging, inter alia, Actors Fund Nursing Home, a skilled-nursing facility, departed from the applicable and necessary standard of care, and as a result, the Plaintiff, Joan Siegel, alleges she sustained a severe sprain and fracture of her left ankle. See Exhibit E. For the reasons that follow, Defendant now moves to dismiss any and all claims against Actors Fund Nursing Home that are based upon the conduct of its nursing professionals and/or therapy professionals for Plaintiff’s failure to support any such claims with an appropriate Affidavit of Merit (“AOM”) pursuant to N.J.S.A. 2A:53a-27, et seq. 8 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 9 of 14 Trans ID: LCV20233077289 LEGAL ARGUMENT I. Plaintiffs are required to produce an Affidavit of Merit to support their claims. The Affidavit of Merit Statute (“AMS”), mandates: In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause. N.J.S.A. 2A:53a-27. The AMS sets forth the types of professionals entitled to the Statute’s protections, including both nursing and therapy professionals. N.J.S.A. 2A:53a-26 generally; see -26(i) and (k). The AMS also provides that, “[i]f the plaintiff fails to provide an Affidavit or Statement in lieu thereof… it shall be deemed a failure to state a cause of action.” N.J.S.A. 2A:53a-29. “If defense counsel files a motion to dismiss after the 120-day deadline and before plaintiff has forwarded the affidavit, the plaintiff should expect the Complaint will be dismissed with 9 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 10 of 14 Trans ID: LCV20233077289 prejudice provided the doctrines of substantial compliance and extraordinary circumstances do not apply.” Paragon Contrs. Inc. v. Peachtree Condo Assn., 406 N.J. Super. 568, 580 (App. Div. 2009). It is beyond dispute that Plaintiff’s professional negligence claims require an affidavit from an “appropriate[ly] licensed person,” stating with “reasonable probability” that the Defendant’s conduct “fell outside acceptable professional or occupational standards or treatment practices.” Id. The purpose of this requirement is to quickly weed out frivolous lawsuits against professionals. See generally Hill Int’l, Inc. v. Atl. City Bd. Of Educ., 438 N.J. Super. 562, 573 (App. Div. 2014). Accordingly, Section 27 of the AMS mandates that the affiant be "licensed in this or any other state" and have "particular expertise in the general area or specialty involved in the action." N.J.S.A. 2A:53A-27; see also L. 1995, c. 13, § 2. Plaintiff has failed to submit any Affidavit of Merit, and therefore, Plaintiff’s Complaint must be dismissed with prejudice. II. Plaintiff cannot circumvent the Affidavit of Merit requirements by arguing vicarious liability. The AOM requirement is considered an element of Plaintiff’s claims. Meehan v. Antonellis, 226 N.J. 216, 228, 141 A.3d 1162 10 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 11 of 14 Trans ID: LCV20233077289 (2016). The purpose of the requirement is to “weed out frivolous claims against licensed professionals early in the litigation process.” Id. (citing Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 144, 146, 836 A.2d 779 (2003)). The failure to submit an appropriate AOM “goes to the heart of the cause of action as defined by the Legislature” and usually requires dismissal of Plaintiffs’ complaint with prejudice. Id. (citing Alan J. Cornblatt, P.A. v. Barow, 153 N.J. 218, 244, 708 A. 2d 401 (1998). In McCormick v. State, Plaintiff initiated a medical malpractice action against the State of New Jersey as the sole defendant and alleged that an AOM was not necessary since no licensed professionals were named as defendants. McCormick v. State, 446 N.J. Super. 602 (2016). The court rejected Plaintiffs’ “hyper-literal” reading of the AMS statute, holding Plaintiff “cannot avoid the important screening mechanism of the AOM statute by suing only the public entity that procured the services of the individual health care professions.” Id. The McCormick court specified that the analysis it undertook focused on the conduct underlying Plaintiffs’ allegations when determining that an AOM was required. Id. at 613. When Plaintiffs’ claims are focused on allegedly deficient professional conduct for which the entity is liable under an 11 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 12 of 14 Trans ID: LCV20233077289 agency principle, an appropriate AOM is required, even in the absence of naming the licensed individual(s) as a defendant. Id. A plaintiff cannot evade the Legislative intent of the AMS by simply omitting the licensees as defendants. Id. Plaintiff’s Complaint asserts, inter alia, that Actors Fund Nursing Home “employed a full staff of physical therapists [and] nurses…” and “[t]he incident causing this injury to the plaintiff’s ankle was caused by the negligence and carelessness of the defendants, jointly and severally by its agents, servants and/or employees then on staff, as well as a departure from appropriate and necessary care…” See Exhibit E, ¶¶ 8-10. Ostensibly, Plaintiff is critical of the nursing and physical therapy professionals who allegedly failed to appreciate and appropriately treat Ms. Siegel’s post-surgical status, and as a result, she was caused to sustain an injury to her left ankle. The proofs for those allegations will necessarily require an expert physical therapist opinion to articulate the applicable standards of care and demonstrate any deviations therefrom. Consistent with McCormick, Plaintiff may not evade the AMS requirements by electing not to specifically name the “professionals” whose conduct they criticize. Despite the McCormick mandate, Plaintiff has elected not to support her claims against Actors Fund Nursing Home nursing and 12 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 13 of 14 Trans ID: LCV20233077289 therapy professionals with a sufficient Affidavit of Merit. Accordingly, Plaintiff’s claims against, or based upon the conduct of, Actors Fund Nursing Home’s nursing and therapy professionals must be dismissed with prejudice for Plaintiff’s “failure to state a cause of action.” N.J.S.A. 2A:53a-29. CONCLUSION For the foregoing reasons, Defendant respectfully requests the Court grant Defendant’s motion to dismiss Plaintiffs’ claims that are based upon the conduct of its nursing professionals. A proposed form of Order submitted herewith. BUCHANAN INGERSOLL & ROONEY PC Attorneys for Defendant By: /s/ Eric D. Heicklen, Esq. Eric D. Heicklen, Esquire Caitlin L. Cardene, Esquire Dated: October 9, 2023 13 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 14 of 14 Trans ID: LCV20233077289 CERTIFICATION OF SERVICE Defendant, by and through counsel, hereby certifies the within Notice of Motion, and all documents referenced therein, were served via eCourts on October 9, 2023, upon: Bruce Egert, Esq. Law Offices of Bruce Egert 9 Kansas Street Hackensack NJ 07601-5330 Attorney for Plaintiff Lilia Londar, Esquire Holtzman McClain & Londar, PC 524 Maple Avenue, Suite 200 Linwood, NJ 08221 Attorney for Defendant, Functional Pathways of Tennessee, LLC. BUCHANAN INGERSOLL & ROONEY PC Attorneys for Defendant By: /s/ Eric D. Heicklen, Esq. Eric D. Heicklen, Esquire Caitlin L. Cardene, Esquire Dated: October 9, 2023 14 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 2 Trans ID: LCV20233077289 Eric D. Heicklen, Esquire (Attorney ID: 019022003) Caitlin L. Cardene, Esquire (Attorney ID: 396352022) BUCHANAN INGERSOLL & ROONEY, PC 700 Alexander Park, Suite 300 Princeton, New Jersey 08540 (609) 987-6800 Attorneys for Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home JOAN L. SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION BERGEN COUNTY PLAINTIFF DOCKET NO. BER-L-001873-22 vs. CIVIL ACTION ACTORS FUND NURSING HOME, PATHWAYS PROPOSED ORDER OF TENNESSEE, JOHN DOES 1-10, XYZ COMPANY 1-10 DEFENDANTS THIS MATTER having been brought before the Court by Defendant, on its Notice of Motion to Dismiss Plaintiff’s Complaint with prejudice for Failure to Provide an Affidavit of Merit; and good and sufficient notice of the Motion having been afforded to all parties; and the Court having considered all papers submitted in support of the Motion, and all papers submitted in opposition, if any, thereto, together with all pleadings and all materials of record in this action; and for good cause shown; IT IS on this _____ day of _________________, 2023, HEREBY ORDERED as follows: 1. Defendant’s Motion is GRANTED; BER-L-001873-22 10/09/2023 2:45:32 PM Pg 2 of 2 Trans ID: LCV20233077289 2. Plaintiff’s Complaint against Defendant, The Actors Fund of America d/b/a Actors Fund Home i/d/a Actors Fund Nursing Home, is hereby dismissed with prejudice. IT IS FURTHER ORDERED the filing of this executed Order on eCourts, with electronic notification sent to all listed counsel, will effectuate proper service upon all parties. ______________________________ , J.S.C. ________ Opposed ________ Unopposed BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 8 Trans ID: LCV20233077289 Exhibit A BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg21of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 BRUCE EGERT NJ Bar Reg. No. 019271985 Law Offices of Bruce Egert 9 Kansas Street Hackensack NJ 07601-5330 (201) 488-2620 Email: bruceegert@gmail.com Attorney for Plaintiff --------------------------------------------X DOCKET NO. BER-L- -22 JOAN L. SIEGEL, SUPERIOR COURT OF NEW JERSEY BERGEN COUNTY:LAW DIVISION Plaintiff, (Civil Action) -vs.- ACTORS FUND NURSING C O M P L A I N T HOME, JOHN DOES 1-10 XYZ COMPANY 1-10, Defendant. -------------------------------------------X JOAN L. SIEGEL, as and for her complaint respectfully alleges: 1. At all times herein mentioned the plaintiff is a resident of Fair Lawn NJ, which is in Bergen County NJ. 2. At all times herein mentioned the defendant is a voluntary organization operating as a licensed skilled nursing facility in Englewood NJ, which is in Bergen County. BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg32of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 3. Defendants John Doe 1-10 and XYZ Company 1-10 are fictitious persons and entities which are noted as party-defendants, as permitted by the Rules of Court in the event that additional parties need to be added to the action, after discovery proceedings. 4. On or around June 19, 2020 the plaintiff, Joan Siegel became an admitted patient at the defendant-facility for the purpose of rehabilitation of her hip due to recent surgery she obtained at Englewood Hospital. 5. Plaintiff was discharged to her home on July 30, 2020, and up until this date was a full time patient and resident of the defendant’s facility. 6. During the course of her stay at the defendant’s facility she was caused to sustain a serious injury of her left ankle which caused her severe and serious pain, discomfort and a permanent restriction of motion and use of said ankle. 7. At the time of the incident the defendant employed a full staff of physical therapists, nurses, staff attendants and others who were charged with rendering care and treatment to the plaintiff on behalf of the defendant. 8. On or about July 2nd, 2020, while a patient inside the defendant’s facility, the plaintiff, while undergoing physical therapy was asked to ascend and descend a flight of steps by herself, unaided. During this time she “rolled” her left ankle due, in part, to her being unable to have any feeling on her left side. Plaintiff had previously reported same to the defendant’s agents, servants and/or employees. During this procedure, she sustained a severe sprain and fracture of her left BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg43of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 ankle, specifically, a small bone fragment lateral malleolus with post- operative ‘foot drop’ and an avulsion left lateral malleolus. 9. The incident causing this injury to the plaintiff’s ankle was caused by the negligence and carelessness of the defendant, its agents, servants and/or employees then on staff, as well as a departure from appropriate and necessary care that should have been rendered to the plaintiff, in default of which caused her injury and suffering. 10. The plaintiff is not chargeable in any manner with any comparative negligence. FIRST CAUSE OF ACTION: The plaintiff is entitled to collect money damages from the defendant as a result of the negligence as well as the facts and circumstances pleaded herein. WHEREFORE, the plaintiff demands judgment in an amount of money from the defendant that the court and jury shall award for her damages together with costs of suit. SECOND CAUSE OF ACTION: The plaintiff is entitled to recover the amount of her medical expenses on account of seeking a cure and remedy for her injury as aforestated. BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg54of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 WHEREFORE, the plaintiff demands to collect monetary damages for her medical expenses from the defendant together with costs of suit. THIRD CAUSE OF ACTION: The plaintiff has and will continue to sustain medical expenses and is entitled to an award of damages for said amount to be determined by court and jury. WHEREFORE, the plaintiff demands to collect monetary damages for her future medical expenses from the defendant together with costs of suit. ____Bruce Egert______ BRUCE EGERT Attorney for the Plaintiff DEMAND FOR JURY TRIAL The plaintiff hereby demands trial by jury of six (6) jurors as to all issues in the above matter. BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg65of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to Rule 4:10-2 (b), demand is made that defendant disclose to plaintiff's attorney whether or not there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or indemnify or reimburse for payments made to satisfy the judgment and provide plaintiff's attorney with true copies of those insurance agreements or policies, including, but not limited to, any and all declaration sheets. This demand shall include and cover not only primary coverage, but also any and all excess, catastrophe and umbrella policies. DEMAND FOR INTERROGATORIES AND ORAL DEPOSITION BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg76of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 Pursuant to the Rules of the Court, the plaintiff demands certified answers to Form interrogatories as mandated by the Rules of Court as well as an oral deposition by the appropriate witnesses for the defendants at a time, date and place to be agreed upon by counsel. DESIGNATION OF TRIAL ATTORNEY In accordance with Rule 4:25-4 BRUCE EGERT, Esq., is hereby designated as trial counsel for the plaintiff, in the above matter. CERTIFICATION The undersigned attorney hereby certifies to the court that the matter in controversy is not the subject of any other action or arbitration pending or contemplated in any court or forum nor are they aware of any other parties who should be joined in this action. However, if during the course of discovery, the plaintiff may ascertain certain defendant(s) that may have to BER-L-001873-22 BER-L-001873-22 04/04/2022 10/09/202312:30:27 2:45:32 PM PM Pg Pg87of of87 Trans TransID: ID:LCV20233077289 LCV20221346974 be joined into this action. The undersigned further certifies that any personal identifiers have been redacted out of any documents now submitted to the court and will be so redacted in the future. The undersigned hereby further certifies that if any of the foregoing is willfully false that I am subject to punishment. ___Bruce Egert____ BRUCE EGERT Dated: April 4, 2022. BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 12 Trans ID: LCV20233077289 Exhibit B BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 2 1 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 3 2 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 4 3 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 5 4 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 6 5 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 7 6 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 8 7 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 9 8 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 BER-L-001873-22 10/09/2023 06/22/20222:45:32 3:41:37PM PM Pg Pg10 9 of of11 12 Trans TransID: ID:LCV20222337256 LCV20233077289 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 11 10 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 06/22/2022 2:45:32 3:41:37 PM Pg 12 11 of 12 11 Trans ID: LCV20233077289 LCV20222337256 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 21 Trans ID: LCV20233077289 Exhibit C BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 2 1 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 3 2 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 4 3 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 5 4 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 6 5 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 7 6 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 8 7 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 9 8 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 BER-L-001873-22 10/09/2023 04/10/20232:45:32 3:09:37PM PM Pg Pg10 9 of of20 21 Trans TransID: ID:LCV20231226873 LCV20233077289 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 11 10 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 12 11 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 13 12 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 14 13 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 15 14 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 16 15 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 17 16 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 18 17 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 19 18 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 20 19 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 04/10/2023 2:45:32 3:09:37 PM Pg 21 20 of 21 20 Trans ID: LCV20233077289 LCV20231226873 BER-L-001873-22 10/09/2023 2:45:32 PM Pg 1 of 9 Trans ID: LCV20233077289 Exhibit D BER-L-001873-22 10/09/2023 04/11/2023 2:45:32 9:05:18 PM AM Pg 2 1 of 9 2 Trans ID: LCV20233077289 LCV20231231694 BRUCE EGERT, ESQ. (NJ BAR REG. # 019271985) LAW OFFICES OF BRUCE EGERT 9 Kansas Street Hackensack, New Jersey 07601 Attorney for Plaintiff (201) 488-2620 JOAN SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO. BER-L-1873-22 v. CIVIL ACTION ACTORS FUND NURSING HOME ET. AL., CERTIFICATION OF ATTORNEY IN SUPPORT OF CROSS MOTION Defendants. STATE OF NEW JERSEY BERGEN COUNTY ) S.S.: I, BRUCE EGERT, ESQ., an attorney at law of the State of New Jersey respectfully certifies the truth of the following: 1. I am the attorney for the plaintiff and am fully familiar with the facts and circumstances herein. 2. The plaintiff sued defendant Actors Fund for negligence. 3. In the summons and the complaint a reservation was made for any fictitious defendants which would later be revealed. 4. The defendant is now filing a motion to add a third-party defendant to this action, contending that is way they as an outside ‘contractor’ were engaged in the active- negligence that caused plaintiff’s injury. 5. Accordingly I ask for leave of the court to join in this third party defendant as a direct BER-L-001873-22 10/09/2023 04/11/2023 2:45:32 9:05:18 PM AM Pg 3 2 of 9 2 Trans ID: LCV20233077289 LCV20231231694 party defendant. 6. To leave them as a third-party defendant only may inhibit plaintiff’s ability to hold them liable if a finder of fact should determine that Actors Fund is not liable insofar as their liability, if any, would be determined through Actors Fund. This would be inherently unfair to the plaintiff. 7. The statute of limitations was two years and the accident occurred greater than two years ago but, as I contend, this is not a disqualifying factor because the plaintiff reserved in the complaint and was largely dependent upon the direct defendant from disclosing this information to plaintiff. I further certify that the foregoing statements made by me are true and accurate to the best of my knowledge, information and belief and that if any are willfully false, I am subject to punishment. WHEREFORE, plaintiff respectfully requests that the instant cross motion be granted and she permitted to add as a party-defendant Pathways of Tennessee LLC together with such other and further relief. _/s/ Bruce Egert_____ BRUCE EGERT Hackensack NJ April 11, 2023. BER-L-001873-22 10/09/2023 04/11/2023 2:45:32 9:05:18 PM AM Pg 4 1 of 9 1 Trans ID: LCV20233077289 LCV20231231694 BRUCE EGERT, ESQ. (NJ BAR REG. # 019271985) LAW OFFICES OF BRUCE EGERT 9 Kansas Street Hackensack, New Jersey 07601 Attorney for Plaintiff (201) 488-2620 JOAN SIEGEL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO. BER-L-1873-22 v. CIVIL ACTION ACTORS FUND NURSING HOME ET. AL., CERTIFICATE OF SERVICE Defendants. TO: DEFENDANT ACTORS HOME c/o Connor, Weber and Oberlies, Esqs. 304 Harper Drive, Suite 201 Moorestown NJ 08057 STATE OF NEW JERSEY BERGEN COUNTY ) S.S.: I, BRUCE EGERT, an attorney at law of the State of New Jersey respectfully certifies that the within notice of cross motion and the papers in support thereof, have been filed with the court on the ecourts system and as such it is verily believed that the attorneys for the defendant CONNOR, WEBER and OBERLIES, ESQS., have been served accordingly with same. In addition the entirety of the motion papers have been emailed to the law