Why were his kids in the car? What was he investigating with his kids on Friday night before Christmas?
Maybe they were decoys during a shop lifting investigation.
The Asbury Park Press is reporting that a detective in the Monmouth County Prosecutor’s Office was involved in a head-on collision at 10:32 PM on Friday December 23. Det. James Powers was driving a county owned vehicle. He was determined to be at fault in the accident. He wasn’t given a summons by the Wall Township police officer on the scene. His kids were in the car.
The Press article seems to take issue with the fact that no summons was issued. I don’t have a problem with that.
But it appears that Powers was engaged in personal use of a county owned vehicle.
Joan Marini of Wall was the driver of the 2011 Lexus that Powers hit head-on. According to the app report, she sustained minor injuries and was taken to the hospital. She has a lawyer who told her not to make public comments about the accident.
Litigation to follow. The deeper the pockets of the owner of the vehicle at fault in a motor vehicle accident, the more serious and long term are the injuries.
Here’s another 2012 prediction; Marini will get paid. Her lawyer will get paid. The lawyers defending the county will get paid. Powers will be named in the suit but the same lawyers that defend the county will defend him. Monmouth County taxpayers will get the bill.
Powers is the son of former Freeholder Director Thomas J. Powers.
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A few points:
First, I hope all involved are OK.
Second, Powers is a good cop. Had some experience years ago with him and found him to be very professional. I hope no one considers throwing the baby out with the bath water here on this minor infraction (if it even is one).
Third, how does the Press know the woman suffered “minor injuries.” Did Doctor Hollis Townes give her a thorough examination?
Fourth: I hope Art’s injury to deep pocket ratio is not a knock on lawyers, rather doctors.
You see Art, lawyers don’t take the witness stand and testify to their client’s injuries. Doctors do.
Fifth: I’m not sure why you think the county will pay one dime here.
The county doesn’t have to pay anything, their auto insurance will pay for the damages and medical bills.
The county taxpayers are paying for the personal use of county vehicles – this has always happened.
It’s just upsetting that the driver causing a head-on accident didn’t receive a summons. Can I use this as a precedent in case, God forbid, I ever cause such an accident?
1. If the county is self-insured the taxpayers will foot the bill.
2. If the county is in an insurance pool, the loss will impact the claims and possibly the renewal premium.
3. If the county is insured through a private company, there is probably a large deductible (self-insured retention) which will also be paid by the taxpayers.
Use of a municipal/county/state vehicle is usually permitted when the individual is on call; but the individual should be paying a cost for personal use.
I am more concerned that he had his children in the vehicle; that should not be allowed under any circumstances. No passenger who is not, in this case, a county employee, should ever be allowed in such a vehicle.
Digger:
What if he had no authority to use the vehicle? Will the insurance carrier pay then or even defend him?
What if the other women’s injuries don’t pierce the Title 59 standards? Will anyone pay then?
“Powers is the son of former Freeholder Director Thomas J. Powers.”
How can one sentence say so much.
I am willing to bet that this incident will soon become national news. It is incomprehensible that this law enforcement official was not issued a summons for a serious accident in which he was at fault and it could give future cited offenders the right to sue for discrimination. The next thing we learn is that he may be put on paid leave while the incident is being investigated.
JR – if he had no authority to use the vehicle, then the county will be protected by the insurance company; he, however, will wind up being sued by the insurance company. His private auto insurance carrier might have to kick in.
If no insurance involved, the taxpayer will pay up front, but the county will have the fiduciary responsibility to recoup from the responsible party.
If, however, he was assigned this county vehicle, I would need to know the exact terms of the arrangement by the county to employees who use county vehicles.
Under no circumstances should he be allowed to transport any non county employee in the vehicle (unless required to do so on business.
Digger,
The driver will not be sued by the County’s insurer.
Someone from the Wall Township PD needs to explain why a summons was not and has not been issued. NJ is so beyond repair. Get out while you still can.