Woman hit by motorized cart sues NJ Transit

Jon Campisi May 6, 2011, 4:40pm

A Philadelphia woman has filed a premises liability lawsuit in the Philadelphia Court of Common Pleas against the New Jersey Transit Authority and a company that operates at the train station where she was hurt.

Nancy Kolenkiewicz, in a lawsuit filed by her attorney, Philadelphia-based lawyer Gary Brownstein, alleges that she sustained extensive injuries after being struck by a motorized cart at the Trenton train station back in October 2009.

The cart was operated by employees of one of the co-defendants, New Jersey-based Faber Coe and Gregg Inc., which runs a newsstand at the station.

Kolenkiewicz was present at the train station’s concourse when she was hit by the cart, an accident that caused her to suffer injuries including cervical sprain and strain, thoracic sprain and strain, lumbosacral sprain and strain, a fractured wrist, chipped teeth, sprains of the knee and foot, and other injuries to the head, neck, shoulder, back and legs, “the full extent of which is not yet known,” according to the complaint, which was filed on May 5.

The suit says that as a result of the accident, Kolenkiewicz has suffered a “loss of enjoyment of life’s pleasures, and may continue to suffer such losses in the future.”

The complaint goes on to say that the plaintiff has been unable to perform her daily chores, duties and activities because of the accident.

Kolenkiewicz is seeking damages from the defendants jointly, severally and/or singularly in excess of $50,000, as well as interest and court costs.

The second count in the lawsuit names Kolenkiewicz’s husband, Louis Kolenkiewicz, as the plaintiff. The complaint states that as the victim’s spouse, he has incurred expenses for the treatment of his wife’s injuries, and may incur additional expenses in the future.

Louis Kolenkiewicz is also seeking damages in excess of $50,000 plus court costs.

The plaintiffs in the case have requested a non-jury trial. The case is awaiting listing for trial.

The case number is 110500547.

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