Landscaping firm fined for actions in accident
BY DAVE BENJAMIN
Staff Writer

JACKSON - Representatives of Down to Earth Landscaping pleaded guilty in municipal court on July 5 to two of the four summonses that were issued after a hydroseed trailer became separated from a truck and caused an accident on March 9.

The trailer became disconnected from the 2004 Chevrolet truck which was pulling it. The trailer was being pulled eastbound and crossed East Commodore Boulevard, striking a Jackson school bus, injuring the bus driver and sending several children to area hospitals.

Jackson Municipal Court Administra-tor Erin DiCristina told the Tri-Town News on July 13 that the company paid two $506 fines and two $33 court fees, for a total of $1,078.

The landscaping firm's representatives pleaded guilty to summonses for having a worn trailer hitch and for having inoperative trailer brakes, DiCris-tina said. Summonses for unsecured equipment and improper safety chains were dismissed.

Jackson Municipal Prosecutor Joseph D. Coronato said, "They pleaded guilty to the two things I thought were appropriate under the charges. By their plea they acknowledged that their actions were wrong."

The driver of the truck, Albino Rufino, 30, of Freehold, pleaded guilty to a summons he received for failure to maintain the proper lane. A summons for careless driving was dismissed, Coronato said.

Rufino was not injured in the accident.

"He didn't maintain his proper lane, which is a two-point violation," the prosecutor said. "I dismissed the careless driving ticket and he pleaded guilty to not maintaining the proper lane."

The most seriously injured person in the accident was the driver of the school bus, Susan Kaiser, 58, of Lakehurst.

"Under the rules the victim always has the right to step forward and make any kind of comment," said Coronato. "I believe the court notified the victim. The court always wants to hear from the victim, if the victim wants to come forward. In this instance the victim did not come forward."

The prosecutor said safety is of paramount importance when pulling a trailer or a boat.

"The proper hitching, with a safety chain, is needed, and when you don't do that it certainly is a recipe for disaster," he said.

William Merkler, the owner of Down to Earth Landscaping, did not return a telephone message seeking comment.

Attorney William Shipers, who represented Down to Earth Landscaping, also did not return a telephone message seeking comment.

The case was heard in Jackson municipal court after the Ocean County Pros-ecutor's Office declined to pursue criminal charges against the landscaping company.