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