$7.95 Million Settlement Reached for Motorist Hit by Sheriff's Officer

A $7.95 million settlement has been reached for a man who struck the center divider on Route 80 in Rockaway Township and then was hit by an on-duty police officer from the Sussex County Sheriff’s Office.

The motorist, Peter Klem, was driving home from work on westbound Interstate 80 Jan. 14, 2020, at approximately 2:49 a.m. Klem hit the center divider on the highway, which left his vehicle disabled in the shoulder of the left lane. He was not injured in the initial crash. Officer Scott Haggerty of the Sussex County Sherriff’s Office hit Klem shortly after, causing significant damages to both vehicles and leaving the motorist seriously injured.

Klem sustained injuries to his back, ribs, diaphragm and kidneys, among other injuries. He filed suit on Feb. 19, 2021, in Sussex County Superior Court in Klem v. New Jersey State Police.

Counsel to Klem, Barry R. Eichen, a shareholder with Eichen Crutchlow Zaslow, contended that Haggerty was traveling at more than 83 miles per hour in the left lane at 2:30 a.m. and was, therefore, speeding and failing to keep right. The accident was investigated by the New Jersey State Police, according to the plaintiffs, but no traffic violations were issued against Haggerty.

Eichen was assisted in the case by Robert J. Banas, a partner with the firm, in defending five motions to dismiss filed by the defense.

The defendants were insured by Statewide Insurance Fund Coverage and represented by Sharon M. Flynn of Gebhardt & Kiefer. The defense contended that Klem negligently hit the cement divider creating a hazard on the road. The defense further contended that he changed his story on the crash, first stating that a truck cut him off and then that a deer ran in front of his vehicle, forcing him to hit the divider.

Flynn did not immediately respond to a request for comment.

A single session of mediation before retired Judge Douglas K. Wolfson of The Weingarten Law Firm on April 17 was unsuccessful. The matter settled following a settlement conference with Judge Rosemary E. Ramsey in Morris/Sussex County Superior Court.

Eichen told the Law Journal that there was a dispute because the defense believed Klem had a credibility issue after he changed his story on what he was swerving to avoid.

“My partner, Robert Banas, did a great job defending the motions,” Eichen said. “After that was successful, our demand went up. Judge Ramsey was instrumental in the way she negotiated this case. People say she is tough, but I think she is one of the smartest judges on the bench. She took a middle position and got people to move on both sides.”

Eichen added that he thought the result for his client was very good and that, at $8 million, he can start his life over.