Crime & Safety

Car Crash Kills Pedestrian Removing Branch From NJ Road, Family Sues Driver

They are also suing the driver's insurance company for having "destroyed evidence," according to the suit.

SUSSEX COUNTY, NJ — The family of a Sussex County man who was hit and killed by a car this summer is suing the driver who struck him.

On July 22, Thomas Brislin, of New York, was removing a tree branch, on foot, that had fallen onto Route 23 near a Montague home he was staying in, the suit reads.

As he was removing the branch, a southbound Cadillac driven by a New York woman struck Brislin. He was severely injured from the crash and later died, according to the suit.

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According to state records, the New York woman never received criminal charges.

Now, Brislin’s brothers are suing her for wrongful death, claiming that she "carelessly and negligently operated her aforementioned vehicle such that she caused it to collide with (Brislin,) killing him.”

Find out what's happening in Hopatcong-Spartafor free with the latest updates from Patch.

The Brislins claim negligence for several reasons, including failing to take steps to prevent the injury, failing to keep alert and attentive while driving, failing to have her vehicle under proper control, and more.

Additionally, the Brislins are suing the driver’s insurance company, claiming they covered the costs to repair damages made to the vehicle at the time of the crash, which “destroyed critical evidence in a fatal motor vehicle crash case.”

The suit, filed on Nov. 21, is seeking damages, including medical and funeral costs.

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