Township, police officer dismissed in civil suit
Civil action pending
between bus company,
accident victim’s family
By dave benjamin
Staff Writer

MANALAPAN — Civil charges against the township, the police department and one officer have been dropped by the attorney representing a bus company and a bus driver.

Gary J. Mason, 45, the driver of a school bus owned by the Irvin Raphael Inc., East Brunswick, was involved in an accident on May 26, 2000 which led to the death of township resident Thomas Sozzi, 36.

The third party lawsuit filed by Mason and the bus company claimed that, "defendant [Manalapan police officer] Kevin Ruditsky negligently, carelessly and recklessly stopped, parked, and/or operated [a township police car] in the westbound lane of Union Hill Road, partially or completely blocking the roadway, which conduct was unreasonable."

The suit also claimed that the officer created a dangerous condition and a nuisance on the road.

Almost three years later those charges have now been dropped by the attorney for the bus driver and bus company, John A. Zohlman III.

"The township, the police department and Officer Ruditsky were dismissed from all claims [April 24], " said attorney Jeffrey Leonard of Livingston, representing the township, the police department and Ruditsky. "We filed a motion for some rejudgment on up to six cases and while that was pending the attorney for Irvin Raphael and Gary Mason agreed to dismiss us."

Neither the township, the police department nor the officer contributed to any settlement, Leonard said.

"For Officer Ruditsky, the police and the township, the case is finished," he said.Leonard said it is his understanding that an attorney representing the Sozzi family and the attorney representing Mason and the bus company are trying to work on a settlement.

He also indicated that the period of discovery for Sozzi, Mason and the bus company may still be ongoing, and originally a trial was set for July 14, but that was put off.

According to Kay Krug in the office of civil records, state Superior Court, New Brunswick, the matter will be in discovery for another month, then it is expected that a trial date may be determined after that point if there is no settlement.

Zohlman, of Cherry Hill, representing the bus company and Mason, did not respond to several phone calls placed by Greater Media Newspapers.

On May 26, 2000, a school bus driven by Mason and owned by Irvin Raphael Inc., was taking 28 students to their homes in Jamesburg, Spotswood, Monroe Township and other locations in Middlesex County, from St. John Vianney High School, Holmdel, when the bus collided at 3 p.m. with a pickup truck driven by Sozzi on Union Hill Road near the intersection of Pease Road.

In addition to injuring Sozzi, who later died, 20 of the high school students on the bus suffered injuries, including head and neck injuries, and broken bones.

Mason appeared on June 5 before Judge Thomas Foley in Freehold Township municipal court and pleaded guilty to careless driving, failure to ob­serve marked lanes and failure to keep to the right.

Teresa Coyle, the prosecutor, told the court Mason had a driving history which included other accidents.

By way of explanation, Mason’s at­torney, Vincent T. Nuzzi of Boonton, said his client went into the oncoming lane of traffic to avoid striking a police car that was parked on his side of the road.

"I’m not suggesting that’s a defense," Nuzzi said.

"I’m sure the grand jury took that into consideration. There were no drugs and no alcohol. Judgment and inattention caused the death," he added.

Reviewing Mason’s past driving record, Foley noted a series of previous accidents — May 22, 1980, July 16, 1982, Oct. 21, 1988, Nov. 21, 1988, Sept. 12, 1990, April 2, 1994 and April 24, 1996. Foley also noted there were speeding charges, suspended license vi­olations and operating a vehicle while on suspension, on Mason’s record.

The bus driver was fined $600. In addition, he lost his driver’s license for 18 months and has been ordered to perform 45 days of commu­nity service.