Floodgates Left Open By Somerset County, NJ Transit Caused Ida Damages: Lawsuit

BOUND BROOK, NJ — It has been two years since Hurricane Ida wreaked havoc and many are still fighting to recover what was lost including the 17 Bound Brook residents and businesses who filed a class action lawsuit against Somerset County and NJ Transit.

A new development in the lawsuit has uncovered audio recordings that the lawsuit claims show Somerset County and NJ Transit had no plans to close floodgates in Bound Brook leading up to the storm in September 2021.

An amendment to the class action lawsuit was filed last week along with a new lawsuit by another business owner of Bound Brook Carpet. (See the full amended lawsuit below)

In the amendment, the lawsuit had requested all communications between NJ Transit and Somerset County or Somerset County Public Works related to the Segment R2 NJ Transit Closure Gate.

Two phone calls were turned over which included a voicemail that Susan Dudek in the NJ Transit Police Office of Emergency Management left for Paul McCall, Director of Somerset County Public Works, at about 11:26 AM on Sept. 1, 2021; and a telephone call between Dudek and McCall at about 12:39 p.m. on Sept. 1, 2021.

In the voicemail, Dudek asked McCall "if you had any idea if you were considering closing the flood gates in Bound Brook, across our railroad track."

When McCall calls Dudek back he says "we don’t have any plans of closing the railroad gate. We only plan on closing East Street and South Street."

"Alright, but if we do, obviously we’ll let you know. But the main, like, flooding event is supposed to be tomorrow at like 10 a.m. So, once, if it crosses the railroad tracks in Bridgewater, or if it’s predicted to do that, then that’s when we’ll have to reach out- it’ll obviously be overnight, but
we’ll reach out if we think we’re going have to close the railroad gate," continued McCall.

Dudek then asked McCall what the water threshold needed to be to close the gates and McCall said he didn't know "that number off the top of my head."

"To recap, about eight to nine hours before floodwaters entered Bound Brook, Somerset County told NJ Transit that it had no intention of closing the Segment R2 NJ Transit Closure Gate. To make matters worse, the County’s Director of Public Works did not know the water level threshold for closing the gate. Indeed, the County’s Director of Public Works told NJ Transit that they would not need to close the gate until there was water on the tracks," according to the lawsuit.

The lawsuit also claims both Somerset County and NJ Transit didn't follow their written procedures on when to close the gates.

NJ Transit and Somerset County would not comment on the amended lawsuit. Both stating, "We don't comment on pending litigation."

"Rest assured that our commitment to the people of Bound Brook remains unwavering. While local, county, and state officials might hope to let this tragedy fade into the past, we won't rest until the people of Bound Brook secure the answers and compensation they rightfully deserve," said Jeremy E. Abay with Pietragallo Gordon Alfano Bosick & Raspanti.

• Related: Bound Brook Locals Sue Somerset County, NJ Transit Over Flood Gates

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

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.

Proposed First Amended Complaint by Alexis Tarrazi on Scribd

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