TOMS RIVER, NJ – A Bayville couple has filed a civil lawsuit against Berkeley Township, alleging negligence in maintaining a residential roadway where the husband was seriously injured after a fall.
According to a complaint filed February 21, 2025, in Ocean County Superior Court, plaintiffs Arthur and Katherine Brannick, of Driftwood Drive in Bayville, accuse the Township of Berkeley and an unidentified maintenance company of failing to properly repair and maintain the section of Driftwood Drive where the incident occurred.
The suit, filed by attorney Scott W. Kenneally of the Toms River law firm Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone, states that on May 30, 2023, Arthur Brannick was walking near 125 Driftwood Drive when he tripped and fell due to hazardous conditions in the roadway.
The filing alleges that the township and its contractors “owned, maintained, and repaired said premises in such a careless and negligent manner” that it created a dangerous situation for pedestrians.
Brannick claims he suffered serious, painful, and permanent injuries from the fall, requiring ongoing medical treatment and preventing him from returning to his normal daily activities and employment. His wife, Katherine Brannick, is also named as a co-plaintiff, claiming loss of consortium and the financial burden of her husband’s medical care.
The complaint seeks compensatory damages, interest, and court costs and demands a trial by jury. The lawsuit also identifies unnamed “John and Jane Doe” defendants and “ABC Maintenance Company 1–10,” representing any individuals or entities that may have been involved in the upkeep of the roadway.
Court filings state that the plaintiffs are seeking judgment against all defendants for negligence, asserting that the township failed in its duty to keep public streets in a safe condition for residents.
