TOMS RIVER, N.J. — A personal injury lawsuit stemming from a traffic crash at the intersection of North Bay Avenue and Church Road has named the Ocean County Sheriff’s Department, Ocean County, a sheriff’s officer, Toms River Township, and a commercial truck driver as defendants.
According to the complaint filed in Ocean County Superior Court, plaintiff Eric M. Moses alleges he suffered serious injuries after a collision involving a 2022 Peterbilt truck operated by James A. Rastelli.
The lawsuit alleges Ocean County Sheriff’s Officer Shelton #261 was directing traffic at the intersection because the traffic signal was inoperable when the crash occurred.
The complaint does not involve a Toms River police officer. Instead, it identifies Officer Shelton as a member of the Ocean County Sheriff’s Department, a county law enforcement agency that operates separately from the Toms River Police Department and outside the authority of township government.
Lawsuit names township alongside county agencies
The lawsuit names Toms River Township, the Ocean County Sheriff’s Department, Ocean County, Officer Shelton, Rastelli, and unidentified defendants.
The complaint alleges negligence against the truck driver and further claims the governmental defendants failed to properly train, supervise, hire, and retain the sheriff’s officer involved in directing traffic.
The filing, however, does not explain why Toms River Township was named as a defendant. The complaint contains no allegations that a township employee was directing traffic, and the sheriff’s officer identified in the lawsuit is alleged to have been acting as an employee of the Ocean County Sheriff’s Department.
Under New Jersey law, county sheriff’s officers are employees of the county sheriff’s office rather than municipal police departments, and they are not supervised by township officials.
Plaintiff seeks damages for injuries
- The lawsuit identifies Officer Shelton as an Ocean County Sheriff’s deputy, not a Toms River police officer.
- Plaintiff alleges the deputy was directing traffic because the traffic signal was inoperable.
- The complaint names Toms River Township as a defendant but does not explain its legal basis for doing so.
Moses alleges he suffered significant physical injuries, pain and suffering, emotional distress, medical expenses, lost wages, disability, and diminished quality of life as a result of the collision.
The lawsuit seeks compensatory damages along with other relief permitted by law.
As with all civil litigation, the allegations contained in the complaint represent the plaintiff’s claims and have not been proven in court. No findings of liability have been made.
FAQ
- Who filed the lawsuit?
Eric M. Moses filed the personal injury lawsuit. - Who are the defendants?
Toms River Township, Ocean County, the Ocean County Sheriff’s Department, Officer Shelton #261, James A. Rastelli, and unnamed defendants. - Was a Toms River police officer involved?
No. The complaint identifies the officer as a member of the Ocean County Sheriff’s Department. - Why is Toms River Township named?
The complaint names the township as a defendant, but it does not explain the legal basis for doing so despite alleging the traffic officer was employed by the Ocean County Sheriff’s Department. - Has the court ruled on the claims?
No. The allegations remain pending, and no court has determined liability.
Sources: Monmouth County Superior Court complaint in Eric M. Moses v. Toms River Township et al.; New Jersey court filings.
