LAKEWOOD, N.J. – The Ocean County Municipal Joint Insurance Fund, acting on behalf of the Township of Lakewood, and Lakewood police officer Leonardo Shimonovich have filed a civil lawsuit against a Newark woman, alleging she is responsible for injuries the officer suffered while attempting to arrest her.
The negligence complaint, filed Tuesday in the Superior Court of New Jersey, Essex County Special Civil Part, names Daniela Barboza-Garcia as the defendant and seeks reimbursement for workers’ compensation payments and related damages resulting from the incident.
According to the complaint, Officer Shimonovich was working as a Lakewood police officer on or about Aug. 15, 2024, when he attempted to arrest Barboza-Garcia at her residence.
The lawsuit alleges Barboza-Garcia “negligently, carelessly and/or recklessly resisted arrest” and intentionally bit the officer on the inner bicep, causing injuries to his upper arm, humerus, and surrounding muscles. The complaint states the officer required extensive medical treatment and received workers’ compensation benefits because of those injuries.
Lawsuit seeks reimbursement for workers’ compensation benefits
According to the filing, the Ocean County Municipal Joint Insurance Fund has paid $3,323.14 in workers’ compensation benefits and related expenses on behalf of Officer Shimonovich.
The plaintiffs are seeking reimbursement of those payments, along with future damages, interest, attorney’s fees where applicable, and court costs. The complaint also alleges the officer suffered pain, disability, medical expenses, and permanent injuries as a result of the incident.
The filing further states that a statutory notice was provided in October 2025 regarding potential claims against third parties under New Jersey’s Workers’ Compensation Act and alleges no such action was pursued.
Civil case separate from any criminal proceedings
The lawsuit is a civil negligence action and is separate from any criminal case that may have arisen from the underlying arrest.
Court records show the complaint was filed in Essex County under docket number ESX-DC-023018-26. The summons advises the defendant has until Sept. 15 to file a written response or reach a settlement agreement with the plaintiffs.
The complaint contains allegations made by the plaintiffs. The court has not ruled on the merits of the claims, and the defendant will have an opportunity to respond through the legal process.
Why It Matters
Municipal joint insurance funds frequently seek reimbursement through subrogation lawsuits when they pay workers’ compensation benefits to employees injured by third parties. Successful recoveries can help offset costs borne by taxpayers and participating municipalities.
Police officers injured while making arrests may be entitled to workers’ compensation benefits, and insurance carriers can pursue civil claims against individuals they allege caused those injuries.
Local Impact
Lakewood is one of New Jersey’s largest municipalities, and the Ocean County Municipal Joint Insurance Fund provides insurance coverage for participating local governments. Recovering workers’ compensation payments through civil litigation may reduce financial losses incurred by public insurance funds supported by member municipalities.
What Happens Next
Barboza-Garcia has until Sept. 15 to file an answer to the complaint or otherwise respond in court. If the case is contested, it may proceed through settlement discussions, discovery, and potentially a civil trial.
Sources
- Superior Court of New Jersey, Essex County civil complaint
- Superior Court of New Jersey court records
- Civil summons and negligence complaint
FAQ
- Who filed the lawsuit?
The Ocean County Municipal Joint Insurance Fund, on behalf of the Township of Lakewood, and Officer Leonardo Shimonovich. - What does the lawsuit allege?
The complaint alleges the defendant resisted arrest and intentionally bit a Lakewood police officer, causing injuries that resulted in workers’ compensation payments. - How much money is being sought?
The complaint specifically seeks reimbursement of $3,323.14 already paid, along with future damages, interest, attorney’s fees where applicable, and court costs. - Has the court ruled on the allegations?
No. The filing represents the plaintiffs’ allegations, and the defendant has the opportunity to respond in court. - When is the response due?
According to the summons, the defendant has until Sept. 15 to answer the complaint.
Key Points
- A Lakewood police officer and the Ocean County Municipal Joint Insurance Fund have filed a civil negligence lawsuit seeking reimbursement for workers’ compensation benefits.
- The complaint alleges the officer was bitten and injured while attempting to arrest the defendant in August 2024.
- The defendant has until Sept. 15 to respond, and the allegations remain unproven unless established through the court process.
