TOMS RIVER, NJ – A Stafford Township man who was injured during a high school graduation ceremony in Berkeley Township is seeking court approval to file a late tort claim against the Township of Berkeley and the Central Regional School District Board of Education, alleging negligence in maintaining school grounds during the event.
According to court documents filed October 17, 2025, by attorney Gregory V. Sharkey of Jackson, plaintiff Paul Spidaletto, 56, is asking the Ocean County Superior Court to allow him to submit a late Notice of Tort Claim under New Jersey’s Tort Claims Act. The motion is scheduled to be heard on November 7 before the Law Division in Toms River.
Police and first aid reports show that on June 24, 2025, Spidaletto was attending Central Regional High School’s graduation ceremony at 509 Forest Hills Parkway in Bayville when he tripped and fell on an uncovered storm drain near the middle school entrance to the high school football field. According to the Berkeley Township Police Department’s incident report, the storm drain area “was not coned off but very visible” at the time of the fall.
Witnesses, including members of the Ocean County Prosecutor’s Office and EMS responder C. Swabb, helped Spidaletto to his feet. He reportedly suffered a right shoulder injury but declined medical transport at the scene, opting instead to remain and watch the ceremony. Afterward, first aid personnel provided him with a sling and ice pack, and he stated he would seek further medical attention later at Southern Ocean Medical Center.
In his motion, Spidaletto’s attorney argues that the injury occurred on public property under the joint control of the Township of Berkeley and the Central Regional School District, both of which are public entities requiring a formal tort claim before a lawsuit can proceed. The motion was served to township attorney Lauren Staiger, Central Regional Board President Louis Tuminaro, and the Ocean County Municipal Joint Insurance Fund (QUAL-LYNX).
If the court grants permission, Spidaletto will be able to pursue a negligence claim alleging the township and school district failed to properly secure or mark the hazardous area, leading to his fall and subsequent injury.
