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Short Hills Mall Wants Part of Fatal Carjacking Lawsuit Dismissed

Attorney claims allegations do not show 'intentional or conscious wrongdoing' to merit punitive damages in death of Dustin Friedland.

The owners of The Mall at Short Hills have filed a motion to dismiss part of a lawsuit filed earlier this year by the widow of a Hoboken man fatally shot during a carjacking in the shopping center's parking garage.

An attorney for the mall claims Jamie Schare Friedland's allegations do not show “intentional or conscious wrongdoing or the type of deliberate act or omission required in order to sustain a demand for punitive damages,” according to NJ.com.

However, Schare Friedland's attorney countered by saying the mall owners failed to take appropriate action despite knowing the history of carjackings in Essex County, the report said. The attorney also said the owners were aware ambulances can not access all areas of the parking garage and did not try to resolve the issue, according to the report.

Schare Friedland filed the lawsuit in March in State Superior Court in Newark for an unspecified amount of damages for the death of her husband, Dustin Friedland, a Toms River native who was gunned down when the couple returned to their Range Rover at about 9 p.m. on Dec. 15, 2013.

The lawsuit, filed by Nagel, Rice, LLP of Roseland, cites the high rate of carjackings in Essex County, including four incidents at the mall, and the shopping center's proximity to major highways as risks the mall ignored when it stopped hiring more security personnel to save money.

The lawsuit also names California-based Universal Protection Services LLC, which provides security services to the mall, and the Millburn First Aid Squad.

According to the lawsuit, the first aid squad "took an extended and excessive period of time" to reach Friedland after the first 911 call was made. The lawsuit claims the ambulance not being able to fit into the parking garage was one of the factors to the delay that should have been foreseen.

In response to the shooting, Sen. Richard Codey and Senate Republican Leader Tom Kean Jr. introduced legislation last week that would require facilities with parking garages that are unable to accommodate ambulances to have an on-site emergency vehicle that can access all levels of the structure.
Noel Glaser May 21, 2014 at 11:49 AM
Post by Nancy Heins-Glaser. Sure - OK i get it now. I think i was trying to find a good compromise to make something positive out of a horrific situation which did not involve RETROFITTING ALL GARAGES. After searching a bit and reading comments by "hermes" from prior posts and other stories shows some real anger at the public in general and I believe the term "stupid" is used to refer to people in a prior post. Could it be that "JJ's" post using the words " a good jewish law firm" to sue could be the real issue here? Seems we are getting down to the real matter now. Lawyers aren't my "most favorite people" either. As a profession, they have not produced such great PR news over the years. Once the lawyers could advertise, it changed the general respect level too. TV ads bombard folks needing help filing mesthelioma claims, or being part of a class action suit against a pelvic mesh procedure, hip replacement, or asking help in how to get social security disability. Are any of those situations of value to those who suffer and don't know what their rights are based on a manufacturer or surgeon or corporate policy or government stumbling blocks? William Shakespeare didn't care for lawyers way back in time either. As to ambulance access for the victim not changing the end result given extent of injuries, fro this young person, it might not have changed it for him - but about in the future for someone you know one day? Or perhaps the wife could have been spared having to call the ambulance while she was in shock butt having to wait to reach someone who could reach her soon? Isnt it worth something to know at least help is on the way? The worst part is we might all admit the proliferation of violence (movies, guns by "lawful owners, video games, criminal activity, drugs) along with the tolerance of anger/hate rhetoric and vitriol makes it pretty likely for a situation just like this happen somewhere else. This type of anger and guns and bombs and mental health problems aren't new and really arent being stopped so well with strategies being used now. The dedication of some to shift a conversation away from what it is about to what its not about is an often tactic used to cause people to not see the truth for years and years as well as to hide underlying and deep seated anger issues- which is both dishonest and harmful to the person and society at large. Making it about a victim is not kind or good. Asking for a good lawyer is not a bad recommendation, but JJ is telegraphing her/his true feelings by use of the fourth word in the first sentence is what JJ is mad about. John (maybe JJ with another name) wants a body part sued off - last time i heard you cannot sue a body part - especially when the entity being sued is not a person but a corporation. As to greed, I would suggest that those who have really made a greedy joke of serious issues while playing on human fears are posters like "JJ" , "hermes/addidas, " and John. I just am not sure but happen to want to know if using a name like "addidas" or "hermes" is considered "trademark infringement" or "cyberquatting"? But honestly, I will have to wait for any good lawyers out there in cyberspace who can answer that question. Not that I care mind you, as anonymous posting and bashing on line seems to be touted as America at its free speech best. Its just a curious question.
Paul May 22, 2014 at 08:16 AM
The part of this lawsuit that bothers me is that the VOLUNTEER ambulance corps is part of this suit. That is who should petition for the dismissal. To hang out those who donate and dedicate their spare time to aid their community is disgusting. They put in hours and hours of training so they can provide care when called upon. Sometimes a rig is difficult to get out due to a variety factors, the location is not easily accessible, or dozens of other reasons. To hold volunteers accountable in a case like this only harms the volunteer service which runs this country. Why would someone want to help their community if this is the type of action they face if they took too long or the ambulance couldn't get to the victim quick enough. This is not their responsibility, the persons responsible are the criminals not the volunteers who tried to help on their free time when they could have been using their time in a different way for themselves. They have no I'll intent on the victim, they were just answering the call like millions of other volunteer ambulance members and firefighters nationwide. Naming them just shows greed not a real desire to correct a problem.
JJ May 22, 2014 at 08:44 AM
A big rig yea, an ambulance rite '', What did they say it took the personal to get to the Mall from Headquarters ? 18 mins ? In my 26ft Truck Getting all the traffic lights I can get to the mall quicker than that ? Mind you they have Lights & Sirens ! I wouldn't hold the personal responsible ,BUT THE TOWNSHIP HELL YEA'' SHort Hills. Clearly they are to blame for the Design, Not having Emergency Entry's & Exits For EMS, or Fire Apperatus to access incase of of or mishap, Which in this case Death. And yes those perps should be held to stand trial if they commited this hanis act.
Wayne's World May 22, 2014 at 02:28 PM
The people to blame in this situation is the killers. Stone cold murders without remorse. The problem is, they don't have any money. So the blood-sucking plaintiffs' lawyers have to find someone else to blame. All this nonsense about response time and parking decks is subterfuge. As a tiny consolation, we at least have the felony-murder rule, where people who aided in the commission of a crime but didn't pull the trigger are equally culpable. Anyone with a heart has terrible sympathy for Ms. Friedland. Nothing will bring her husband back and no amount of $ will make anyone but Bruce Nagel feel better. Given the ruthless criminals that stalk our shopping meccas, we should probably have armed security guards, but real security guards like Blackwater, having shoot to kill capability. A REAL death penalty would work wonders, one where killers are put out of their misery (and stop costing taxpayers millions) in a short period of time after killing someone, and so it's done in a public and painful way. That might be a deterrent, the current criminal system is not a deterrent. Building a moat around eastern Essex County, sort of like "Escape from L.A." would be a good short-term solution for the next 100 years until we can figure out what to do. The current system of suing anyone you want after a terrible incident clearly isn't working for anyone. Victims are still dead, insurance premiums rise, businesses and people are held responsible for trying to help, police and private citizens are unempowered against vicious street criminals. It's a high price to pay.
Tom May 31, 2014 at 07:35 AM
Sue Cory Booker

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