Class Action Lawsuit Filed After Train Blocked Bound Brook Flood Gates From Closing

BOUND BROOK, NJ — A class action lawsuit by 17 Bound Brook residents and businesses was filed against Somerset County and New Jersey Transit Corporation. The Bound Brook locals say they suffered damages when they were flooded during Hurricane Ida when a train got stuck and blocked flood gates from closing in the area.

The class action lawsuit was filed in Somerset County Superior Court on Wednesday by law firms Pietragallo Gordon Alfano Bosick & Raspanti, LLP, in addition to Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, who are representing the 17 people and businesses who were flooded in September 2021. (see the full lawsuit below)

"The flooding was the foreseeable and preventable consequence of Defendants’ reckless and careless actions and omissions," according to the lawsuit.

The suit claims NJ Transit "recklessly dispatched and operated Train 5451 during forecasted flooding, causing the train to become stuck between floodgates that protect Bound Brook."

The lawsuit also alleges "Somerset County and Somerset County Public Works — which controlled and operated the floodgates — acted recklessly by failing to close the floodgates ahead of and during the anticipated flooding."

As a result of the actions by NJ Transit and Somerset County, the lawsuit claims floodwaters were able to "surge into the southwest corner of Bound Brook, damaging and destroying real property, personal property, businesses, commerce, and more."

Both Somerset County and NJ Transit declined to comment to Patch on pending litigation.

On the night of the storm, Sept. 1, 2021 at about 9:30 p.m., the Raritan Valley Line train 5451 became surrounded by swift-moving flash flood waters and debris as a result of the unprecedented volume of rainfall in a condensed period of time that far exceeded any of the forecast projections, NJ Transit's Emma Wright told Patch. Read More: NJ Transit Responds To Blockage Of Flood Gates During Ida

"Subsequently, a request was made by local officials to allow the flood gates to close, however, the train was unable to move due to the extreme flooding and debris. We had to wait for the floodwaters to sufficiently recede in order to clear debris and perform the necessary safety inspections on the track infrastructure before sending equipment to the location of the disabled train to tow it from the scene," said Wright in 2021 to Patch.

Among those who joined the class action lawsuit include the owners of The Westbrook at 525 Talmage Ave. and W & W Auto & Truck Repair at 432 Talmage Ave.

Other residents on Vera Street, Talmage Avenue, and Wheatland Avenue are also included in the lawsuit.

Attorney Jeremy Abay with Pietragallo Gordon Alfano Bosick and Raspanti said the lawsuit has three objectives.

"Number one to get answers. Figure out what occurred," said Abay. "Number two is to use this lawsuit to ensure this doesn't happen again and number three compensation for damage to their homes and properties."

Abay noted that most of his clients if not all did not have flood insurance so any damage incurred was out of pocket.

2023.02.01 - Complaint With Jury Demand by Alexis Tarrazi on Scribd

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