Wrongful death lawsuit filed against Jersey City cop
in off-duty Bayonne crash
It may take more than a year to resolve a
wrongful death lawsuit, filed against Jersey City Police Officer Rick Garrison,
seeking damages related to a seven-vehicle crash in Bayonne that claimed the
life of an 82-year-old woman.
Garrison was off-duty on Feb. 20, 2011 when
his vehicle struck a number of parked and moving vehicles over the course of
several blocks before slamming into the rear of the SUV in which Helen Antczak
was a passenger and her daughter, Joanne Antczak, was behind the wheel.
Five people, including Garrison, were taken
to Bayonne Medical Center for treatment after the crashes on Avenue E. Garrison
fractured several vertebrae. Helen Antczak died.
In November, a grand jury returned a
"no-bill" decision, meaning that criminal charges would not be filed
against Garrison, a Jamesburg resident. Following that decision, Garrison's
lawyer at the time, John Young, said "What occurred was due to a medical
condition that was unknown prior to that time."
He would not go into further detail.
"When I met with the family after the
grand jury, they expressed disappointment but they understand the criminal
process and they are optimistic that there may be more answers coming in the
civil process," said the Antczak family's attorney John Molinari of Jersey
City. "That is why we are anxious to depose Mr. Garrison."
Molinari said he hopes to depose Garrison in
the fall and he expects Garrison's attorney, will present a medical defense.
The three-count lawsuit filed by Joanne
Antczak and her brother, Richard Antczak, who is the administrator of the Helen
Antczak's estate, has been making its way through the system since Feb. 29. It
does not state an amount being sought.
The first count claims Joanne Antczak
suffered injuries in the crash that caused a disability, required expensive
medical treatment and she faces great pain and suffering in the future, among
other damages. It claims Garrison caused the crash by operating his motor
vehicle carelessly, negligently and recklessly.
The second count claims that in witnessing
the events leading to her mother's death, Joanne Antczak suffered severe
emotional trauma and will continue to suffer emotional trauma and anxiety.
Finally, the third count claims Garrison was
under-insured and Joanne Antczak should therefore be entitled to additional
money for medical expenses from her own car insurance company. The lawsuit also
claim Helen Antczak may have suffered a great deal of pain before dying.
Garrison's attorney, Darren Goldberger of
Hackensack, filed a boiler plate answer to the suit on June 20 asking Hudson
County Superior Court Judge Lourdes Santiago to dismiss all counts. No ruling
has been made. A second person in the crash has also filed a lawsuit against
Garrison.
It is expected that a trial will not be
scheduled for more than a year as the attorneys wait to see how many lawsuits
will be filed against Garrison. Even so, a settlement is more likely, a source
said.
A police spokesman said Garrison has been
using up saved time off and will likely retire or go on disability when it is
used up.
In December 2010, Garrison was one of the
officers involved in hiding the car keys of persons attending a fund-raiser for
Mayor Jerramiah Healy during a police union protest, sources said.
The keys were snatched from the valet booth
and tossed into bushes nearby. After a department hearing, the officers were
disciplined for their actions, according to a Police Department spokesman.
Also, Garrison was among a number of
off-duty officers who were sued in connection with an alleged assault on Hudson
County Sheriff's Officer Sean McGovern outside a bar near Lincoln Park in
November 1997. City officials said the city paid out $175,000 to settle that
lawsuit.
Goldberger chose not to comment on the
Antczak's suit.