Court tosses Bridgewater-Raritan's appeal in fatal Somerville pedestrian crash
A state appellate court upheld a Superior Court ruling that ultimately led to a $4.25 million settlement in the death of a pedestrian who was struck by a Bridgewater-Raritan Regional School District van at the intersection of East Main and Grove streets in Somerville.
The appellate panel on Friday rejected the school district's appeal of Superior Court Judge Thomas Miller's dismissal of its claim that Somerville Borough should be held partially responsible for the death because of a hazardous condition at the intersection.
After Miller dismissed Bridgewater-Raritan's claim, he entered a final judgment against the school district on Jan. 5, 2021 resulting in the $4.25 million award that will be paid through the district's insurance carrier, the New Jersey Schools Insurance Group.
At about 9 a.m. July 31, 2018, 52-year-old Clinton Township resident Christine McConnachie was struck by a van driven by Bridgewater-Raritan maintenance worker Robert Moser, while crossing Grove Street in a crosswalk by the Somerset County Administration Building.
In a deposition, Moser said he was driving the van from Ace Hardware, on Route 22 in Somerville, to Adamsville School on Union Avenue in Bridgewater, when the accident occurred. Moser said he took the route because he believed it was safer.
Moser also said that he was familiar with the intersection because he had driven it a couple times a week for three decades and was aware of the crosswalk.
Moser admitted in his deposition that he failed to see McConnachie in the crosswalk.
The Somerville Police Department charged Moser with reckless driving, making an improper turn and failing to yield to a pedestrian.
The reckless and improper turn charges were dismissed in Somerville Municipal Court. Moser pleaded guilty to the failing to yield charge and was fined $106, $33 costs and ordered to pay $100 to the state's Pedestrian Safety Fund. His license was revoked for four months.
As part of the litigation brought by McConnachie's husband, Bridgewater-Raritan filed a claim against Somerville, arguing that the borough's removal of traffic delineators at the intersection created a hazardous condition. A concrete island was removed to accommodate the annual Tour of Somerville bicycle race.
"It is unknown why the Borough of Somerville removed these delineators," Bridgewater-Raritan said in the appeal. "Had they not, the path of Moser's vehicle would have differed and it would not have struck and killed Mrs. McConnachie."
But Miller dismissed Bridgewater-Raritan's claim, saying Somerville was immune from civil action under state law.The judge also found that the school district did not follow state law on the procedure for filing a claim against a government entity. The appellate panel agreed with Miller that the school district did not file its claim against Somerville within the allowable time.
In February, the state Department of Transportation unveiled plans to make safety improvements at the East Main Street (Route 28) intersections with Bridge and Grove streets, including the installation of a traffic light at Grove Street.
The state studied the busy block because pedestrian accidents "far exceed statewide crash rates," including the fatality.
Most of the work will be concentrated at the Grove Street intersection. The state will install a traffic light at the intersection and convert Warren Street into a one-way southbound street. Left turns will be restricted from westbound Main Street to Warren Street.
The new traffic signal will have a left turn signal for eastbound Main Street drivers. The left turn lane on eastbound Main Street will be lengthened.
Construction is anticipated to begin in May 2025.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: NJ court tosses Bridgewater-Raritan appeal in fatal Somerville crash
