city will install permanent metal guardrails

[jimmyr]

by Jeffery C. Mays/The Star-Ledger
Thursday May 08, 2008, 5:51 PM
More than 3 1/2 years after five people were killed in two separate incidents where their cars drove off of Raymond Boulevard in Newark and plunged into the Passaic River the city will install permanent metal guardrails along the quarter mile stretch of road.

It wasn't until after the second deadly accident in March of 2005 that the city installed temporary plastic barriers filled with water along the roadway and a traffic light.

After the first accident, former police director Anthony Ambrose sent a memo to former Engineering Director James Adams requesting that guardrails and reflectors be installed.

Acting Engineering Director Mehdi Mohammadish said the installation of the 3 feet high galvanized steel and rubber guardrails will begin next week and be completed by July. The cost is $200,000 and will come from the engineering department's capital budget. M.L. Ruberton of Hammonton will perform the work.

"Budget issues" such as locating and transferring funds along with the process of drawing up plans and putting the project out to bid delayed the process, which began in June, he said.

Mohammadish said the public was well protected by the temporary barriers.

"Accidents happened when there was no barrier between the roadway and the river," he said.

There were no guardrails or barriers on October 24, 2004, when Monique Hawkins, 39, Nicole Floyd, 34, and Gail Williams, 43, all of Newark, drowned after their Jeep Cherokee went into the river at Raymond Boulevard and Freeman Street.

The Essex County Prosecutor's Office ruled out drugs, alcohol or a heart attack as a cause of the accident after an autopsy on Williams, who was driving the vehicle, and said they would never likely know what caused the accident.

Five months later in March of 2005, Ceneida Zapata, 52, of Newark, lost control of her Dodge Dynasty, then struck and killed David Torre, 54, of East Orange, before plunging into the river at almost the same spot.

After that deadly accident, former Mayor Sharpe James said the engineering department was undertaking safety improvements. Area residents had complained about speeding and accidents in the area for years. Two lawsuits later claimed that cars had previously driven into the river in that area because of a lack of guardrails.

City spokeswoman Janet Dickerson said the city has filed a motion to dismiss one of the lawsuits while the other is in the discovery phase.

[Hots in the Ironbound]

Good idea, and it's about time. Thankfully, they are installing STEEL guardrails in the Ironbound, not copper nor iron. Those metals would be stolen in a heartbeat once the guardrails were installed, in this lovely economy of ours. :eek:

[BornFree]

I don't know how true this is but I was told that the stretch of property in question is privately owned by a big time developer and they have fought the city tooth and nail to put up safety rails along that stretch. If this is true does anyone know who the developer is, and who is covering up for them? If you have noticed the city has put up plastic barriers on the roadway but has totally disregarded the part of the area which is accessible to pedestrians!

[Make Newark Clean]

I will never understand why installing basic safety devices are not a simple matter for road design experts, rather than a political discussion. What if the barrier does its intended job of stopping a vehicle, but ends up physically compromised? Will there be another outlandish amount of time to repair it therefore creating an even larger hazard? :eek:

[jimmyr]

Settlement reached in suit over car accident in Newark
by Jeffery C. Mays/The Star-Ledger
Tuesday May 13, 2008, 7:21 PM
Newark tentatively settled a lawsuit today with the families of two women drowned in 2004 when the car they were riding in drove off of Raymond Boulevard and plunged into the Passaic River.

"I'm very grateful for this administration's cooperation in helping to resolve the matter. They stepped up to the plate and are to be commended for that. I'm hopeful that when the settlement is put before the entire council it will be approved," said Neil Reiseman, a Morris Plains attorney for the estate of Monique Hawkins which includes her 17 year-old son.

Reiseman declined to discuss details of the tentative settlement. Adam Slater, a Roseland attorney representing the estate of Nicole Floyd, which includes her three siblings, declined to comment.

The City Council must approve the settlement and that could happen as soon as their June 4 meeting. The city is self insured and would be responsible for paying the settlement.

City officials declined yesterday to disclose the amount of the potential settlement which would be paid out in three disbursements, the last of which would occur in 2010. The two sides agreed to enter into mediation, which was overseen by Retired Superior Court Judge Douglas K. Wolfson.

"The city is now in the process of considering a proposal originally set forth by the mediator and agreed to by the plaintiffs. Due to these pending settlement negotiations, we are not at liberty to disclose the full details of the proposal at this time," City spokeswoman Janet Dickerson said in a statement.

Hawkins, 39, Floyd, 34, and Gail Williams, 43, all of Newark, drowned after their Jeep Cherokee plunged off a 15-foot embankment and into the river at Raymond Boulevard and Freeman Street on October 24, 2004. There were no guardrails or barriers to prevent cars from going into the river along that stretch of road.

"We are in the water! We are sinking!" a friend who was speaking with Floyd at the time of the accident recalled at the time.

As the car sank 35 feet to the bottom of the river the cries continued.

"We're going under! We're going under!" Floyd yelled.

Rescuers said it would have been almost impossible to save the three women. A man who lived across the street from the crash site dove into the river and attempted to smash the window his hand but was unsuccessful.

Five months later, Ceneida Zapata, 52, of Newark lost control of her Dodge Dynasty, then struck and killed David Torre, 54, of East Orange, before toppling into the river at almost the same spot.

After the first accident, the city did not install guardrails or barriers at the deadly stretch of road despite a letter from former police director Anthony Ambrose to former engineering director James Adams requesting the safety measures.

Temporary barriers and a traffic light were installed after the second deadly accident. More than 3 years after Zapata's accident Mayor Cory Booker announced last week that the city was spending $200,000 to build permanent steel guardrails along a quarter mile stretch of Raymond Boulevard from Freeman Street to Somme Street. Work on the project is scheduled to begin Thursday and be completed in July.

Acting Engineering Director Mehdi Mohammadish said "budget issues," such as locating and transferring funds, preparing plans and the bid process delayed the project.

The Essex County Prosecutor's Office said they will never likely know what caused the first deadly accident where Williams was the driver.

The lawsuit from Zapata's estate is still pending. Paul Loriquet, a spokesman for the Prosecutor's office said the vehicular homicide unit ruled that the condition of Zapata's vehicle was a "contributing factor" in the accident, specifically an issue with the steering.

[Doofus1]

Oh for goodness sake. Hasn't anyone on this forum driven out West? You can drive up Pike's Peak, all 14,000 feet of it, and there isn't a single guardrail in sight. No one has sued the State of Colorado when crashing off it. When are people responsible for themselves?

[Diamond]

Why is the City liable for these accidents? I ride that stretch frequently; and unless you"re "sleep while driving" or stoned out; I don't see how anyone is able to drive into the river.


This was an unfortunate accident.

[sjsweetheart]

This was an unfortunate accident.


....the girls were out clubbing and just maybe the driver was sleepy or stone.

I did attend the funeral and there were talk that they were having a great time at the club (gay club) and it was said, that someone slipped a cocktail into the drivers drink. Maybe that is what caused the crash?

[Doofus1]

Drunk or not drunk, it was a terrible accident. And, like Murphy's Law predicts, it took more than one thing to make it happen. They were speeding, they were driving on the most dangerous part of Raymond Blvd, they may have been impaired or just too tired, the barely got the car at high speed between two trees, not much wider than the car, and as a result of all these things, catapulted into one of the deepest parts of the river. And, finally, they did not know how to escape from a sinking auto. Yet, taxpayers will pay for this accident.

[karimah]

If the guardrails where in place and this accident occurred then I could agree that it was an accident. However, it was not rails put in place to protect someone who was drunk, dump, blind or sleep while driving. This does not mean that the city is not partial liable for these deaths. I too attended the wake services because one of the victims niece(Aneesha) was my college classmate. Yes they had just come from a party. However this is a tort where both parties are liable, one group has paid with their lives and the other party must pay with their pockets.

Perhaps if it happened in the West their would not be a lawsuit.

[Doofus1]

Yes they had just come from a party. However this is a tort where both parties are liable, one group has paid with their lives and the other party must pay with their pockets.


Only because we permit such suits. The City of Newark had 0.00000000000001% responsibility for this accident. But it's all about the deep pockets.

[TheHawk]

this is part of the litigious society we live in. The only negligence in these incidents were on the part of the drivers.

[Nwrbr]

Why they weren't able to stop before hitting the river is a mystery to me. There is enough land and time to stop.

[karimah]

Only because we permit such suits. The City of Newark had 0.00000000000001% responsibility for this accident. But it's all about the deep pockets.



It's all about the benjamins baby.

[Diamond]

If the guardrails where in place and this accident occurred then I could agree that it was an accident. However, it was not rails put in place to protect someone who was drunk, dump, blind or sleep while driving. This does not mean that the city is not partial liable for these deaths. I too attended the wake services because one of the victims niece(Aneesha) was my college classmate. Yes they had just come from a party. However this is a tort where both parties are liable, one group has paid with their lives and the other party must pay with their pockets.Perhaps if it happened in the West their would not be a lawsuit.




Drinking and driving don't mix. What if these ladies killed an innocent person because of their drinking and driving? I guess it would be the victims fault for getting in their way huh? Not to make light of the fact that lives were lost; but come on; when are people held accountable for their actions.

These ladies were age appropriate and if drinking and driving cause their death; how is it the City's fault?


btw- When have you seen a blind man driving?:eek: :cool:

[karimah]

My point was even if the driver was drunk or a blind man was driving the car, guardrails should have been in place for protection of these kind of accidents. The passenger and the back seat drivers where victims as well and nobody but them three really knows what happen, their was no report that stated that the driver was drunk. It is very dark driving down that strip and their is a sharp curve ahead, who knows what got into the drivers way to cause her to swerve into the river.

[Diamond]

Actually, it was you who said the two were partying. Honestly, and as I stated before; I've traveled that route frequently and it's quite difficult to jump the curb without realizing you hit it.


My point is this; the city shouldn't be liable for the accident, unless it was stipulated that it was mandatory or the law to have those rails in place.


btw- Stevie Wonder would have noticed he hit something. :)

[karimah]

I go to plenty of parties, outings and functions and I don't drink, so whose to say the driver was drinking. Just because you party don't mean you drink. Again no one will know what really happened because all the victims died. I'm sure the reason why the city is paying for this is during the investigation something must have shown that the city was liable.

[Hots in the Ironbound]

We live in an era of blame. Blaming others for everything. It is rare when someone just states, 'This issue was my fault.'

It is sad these people lost their lives, indeed. But, I live in the Ironbound. Quite frankly, one has to drive recklessly to go off of the road and end up in the water. Excessive speed and inadequate judgment are to blame here, by the motor vehicle operator. :rolleyes:

[Diamond]

We live in an era of blame. Blaming others for everything. It is rare when someone just states, 'This issue was my fault.'

It is sad these people lost their lives, indeed. But, I live in the Ironbound. Quite frankly, one has to drive recklessly to go off of the road and end up in the water. Excessive speed and inadequate judgment are to blame here, by the motor vehicle operator. :rolleyes:



Thank you!

[Make Newark Clean]

In this case...

The Essex County Prosecutor's Office ruled out drugs, alcohol or a heart attack as a cause of the accident after an autopsy on Williams, who was driving the vehicle, and said they would never likely know what caused the accident.

I think safer roads are good things and should be encouraged. It is this type of overcriticism, lack of unity on the basics, that needs a radical attitude shift; otherwise, we'll never join interests to fix this country. We'll keep up wagging fingers at the powerless while most of us continue to slip ever backward. If trillion-dollar bankers can't function without a net (http://blog.case.edu/singham/2008/03/18/yet_another_federal_bailout_for_the_rich), I should say it's hardly far from the end of the world that common motorists expect a $200,000 guardrail to keep them from driving off the road... and for whatever reason.

PS "Iraq" needs to be a unit of financial measurement. (How many days in a budget-busting war for oil speculation does it take to (a) fix healthcare, (b) operate Amtrak successfully, (c) fund education, etc?)

[tomasso]

Two accidents in that time span was unfortunate and a terrible coincidence.
I don't ever remember a fatal accident in that spot for the prior forty years and now it's the city's fault. Whatever happened, speed, cell phone, other distractions, falling asleep, etc., it was the drivers fault not the city's.JMHO!