Monmouth County Man May Sue After Falling Into Waist-Deep Mud Pit

LONG BRANCH, NJ — A man is threatening to sue the city of Long Branch, plus Monmouth County and three landscaping companies after he said he fell into a waist-deep pit of mud at Lake Takanassee this winter.

The man is Elon Erani, a Long Branch resident. He has retained the legal services of Josh Blane, of Manhattan-based Gray law firm. Blane filed a notice of tort claim on March 28; a tort claim notice is required under New Jersey law any time an individual or entity is making a claim against a government or state entity.

Erani said that on January 14 of this year, he was walking on a path along Lake Takanassee and Cranberry Brook in Takanassee Lake Park in Long Branch when he was suddenly started to sink in waist-deep mud.

Erani said he actually became trapped in the mud.

He also said that the mud and dirt had been "negligently" discarded along the walking trail. As Patch previously reported, at the time of this accident, Monmouth County was in the midst of a massive dredging project at Lake Takanassee. A significant amount of mud — 16,000 cubic yards of sediment or 3.2 million gallons of mud — was removed from the bottom of the lake.

The contractors hired by Monmouth County did not dispose of the mud safely, argue Erani and his lawyer.

According to the notice, Erani was able to get out of the mud himself — he did not call 911 — but he was actually injured in the ordeal and required hospitalization, including treatment for hypothermia, plus injuries to his right wrist, left arm, both feet, head, neck and back, and psychological injuries.

"No lawsuit has been filed yet. We are hoping to be able to reach an amicable resolution of Mr. Erani's claims without the need to engage in litigation. Though of course, if it is necessary, we will," said Blane.

Erani's lawyer sent the notice to PMA Companies, Compass Construction Inc., based in New Egypt, Down to Earth Landscaping in Jackson Township and CME Associates in Howell.

The Long Branch City Clerk was also notified, as was the Monmouth County Clerk and the Monmouth County Park System and the Bureau of Risk Management for the New Jersey Department of Treasury.

Erani's lawyer says all of the above are responsible for the freak mishap. He also said Monmouth County and the Monmouth County Parks System should have put signs up along the path warning people that there were deep mud patches.

"Hidden and dangerous condition that caused claimant's injuries; in failing to warn, protect, guard, shore, illuminate and protect those lawfully present upon said premises from becoming injured as a result of the dangerous conditions that existed therein," he wrote. "The responsible parties were further negligent insofar as they had actual and/or constructive notice of the aforesaid dangerous conditions and yet failed to take reasonable and necessary precautions."

The notice of claim did not say how much money the man was seeking. A spokesman for the city of Long Branch told the Asbury Park Press "we take all claims very seriously" and that the notice first goes to the city's insurance company.

Prior: Second Phase Of Lake Takanassee Dredging Project To Begin Next Week

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