Chesters could be sued over girl’s death at Alstede Farms

Lawyers for the estate of a Budd Lake toddler killed last fall at Alstede Farms in Chester Township have filed notices of intent to sue multiple public agencies that include the township, Chester Borough, their police departments and Morris County.

The Morristown-based law firm Bubb Grogan & Cocca LLP has served nine public entities with notice of tort claims, also referred to as notices of intent to sue, as required by law before lawsuits can actually be filed against public agencies or entities.

The entities that potentially could be sued on behalf of the estate of Elizabeth “Ella” Fuehring, 2, and her mother, Sarah Fuehring, are Chester Borough and Chester Township and their police departments, the state Department of Agriculture, state Agriculture Development Committee, County of Morris, Morris County Agricultural Development Board, and the Morris County Planning Board.

The notice also says that a lawsuit could be filed against private entities Alstede Farms; Neil H. McWilliams of Flanders, the driver of a “I Love Chester Express” shuttle bus that struck Ella Fuehring on Oct. 12; State Shuttle of Lake Hopatcong which owns a second shuttle bus that was operating at Alstede Farms on Oct. 12; and The Streets of Chester Shopping Center, one sponsor of the Harvest Fest that drew large crowds to the Chesters on Oct. 12. Potential other defendants are Historic Chester Business Association and Hideaway Farm of Plano, Texas, which owns a portion of a parking area used during the Harvest Fest.

A probe by the Morris County Prosecutor’s Office into the accident that killed the 2-year-old recently ended with the conclusion that there was no evidence of criminal wrongdoing on the part of McWilliams, an Alstede Farms employee who was operating the Chester Express shuttle van when it struck Fuehring, her mother, and Joanna Alemany.

“The condition of Alstede Farms represented a dangerous condition which created a substantial risk of reasonably foreseeable injury,” the notice says. “Further, all persons and/or entities identified herein were on actual and constructive notice of the dangerous condition which existed at Alstede Farms with sufficient time to have taken measures to protect against said dangerous condition. Moreover, no action was taken to protect against the dangerous condition, and such failure was palpably unreasonable in light of the attended circumstances and knowledge of the existence of the condition.”

Chester Township Mayor William Cogger said he’s not surprised the township could be named in a potential lawsuit but that the accident happened on private property on the Alstede tract in an area where Harvest Fest visitors were getting on and off shuttle buses.

“I just assume the attorneys are dropping a lot of entities into a pool but this happened on private property. It’s terrible. No parent should ever have to bury a child,” Cogger said.

He said that a local farm ordinance is currently being drafted, but is not yet ready for public introduction, that would aim to increase safety at pick-your-own farms, horse shows, and other businesses that attract large crowds. Under the ordinance, being reviewed by township planners, businesses would have to file a yearly plan on a series of safety-related issues that include moving people on and off-site and directing traffic.

“It’s not an attempt at excessive bureaucracy but we want adequate planning for handling people load,” Cogger said.

Alstede Farms owner Kurt Alstede has released several statements that express condolences to Ella Fuehring’s family and other injured people but do not discuss specifics.

While the probe was ongoing, township police issued van driver Neil McWilliams, a six-year employee of Alstede Farms, a ticket for careless driving. Because the township is a potential defendant in a lawsuit, the ticket may have to be transferred for handling out of Chester Township Municipal Court.

The Prosecutor’s Office investigation revealed that a 2006 Chevrolet van -- which other authorities said was the Chester Express van operated by McWilliams -- and a second black van were shuttling passengers to and from stops between the Gladstone Train Station and Alstede Farms on Oct. 12.

At the time of the incident, the black van was parked in a driveway of Route 24 and loading passengers. The Chevrolet van was positioned behind the black van. The toddler, her mother Sarah Fuehring, and friend Joanna Alemany were between the two vehicles when the Chevrolet rolled forward, causing the fatality and injuries to the two adults, according to the Prosecutor’s Office.

The tort claims notice says that Sarah Fuehring, Ella, and her brother Jayden were waiting to enter shuttle buses provided for by the festival when Sarah and Ella were crushed and pinned between two buses while Jayden stood close by.

Sarah Fuehring suffered a fractured leg and Joanna Alemany, who was at the farm with the Fuehrings and her own children, suffered a fractured pelvis. Fuehring was released from Morristown Medical Center on Oct. 22, and Alemany was discharged on Oct. 21, but both women still required physical therapy and other medical treatment upon discharge, according to authorities.

Staff Writer Peggy Wright: 973-267-1142; pwright@njpressmedia.com.