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Mangual v. Berezinsky

Superior Court of New Jersey, Appellate Division
53 A.3d 664 (2012)


Felix and Judith Mangual (plaintiffs) were on the shoulder of the highway next to their overheated car when Lazar Berezinsky (defendant) crossed the median, spun 180 degrees across two oncoming lanes, and slammed into them. It was midday, clear and dry, with little or no traffic. According to Berezinsky and his passengers, he was obeying all traffic laws and traveling 50–55 miles per hour. He had driven the road over a hundred times and knew it had many holes. Berezinsky testified that his car pulled left suddenly, and “felt as though one of [his] wheels got in the hole in the road.” He clarified, claiming he did not say “that I went to the hole. I said I felt as if I am. I felt as if I’m tripped.” Berezinsky tried to straighten out but the car spun sideways “for unknown reasons” into the Manguals and their car. The trial court entered a partial summary judgment for the Manguals, finding liability for negligence presumed under the doctrine of res ipsa loquitur, prompting an appeal.

Rule of Law


Holding and Reasoning (Accurso, J.)

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