24°
Nicole Wimbish, who lives on Texas Avenue, filed a lawsuit in Burlington County Superior Court in December 2023, against her neighbors, along with unidentified individuals referred to as "John Doe 1-5." The lawsuit claims the group used a drone recklessly, leading to property damage and emotional trauma.
According to the complaint, Wimbish purchased her home in 2009. From the beginning, she says she faced "unwarranted hostility, incivility, and harassment" from her neighbors. These alleged incidents included "damaging landscaping, removing plants, and accusing her of property line encroachments." Wimbish, concerned for her family’s safety, installed surveillance cameras on her property.
The situation escalated on Dec. 19, 2021, when a loud crash startled Wimbish and her family, the complaint reads. The lawsuit states they discovered a drone had smashed into the windows of their family room, causing "extensive damage." Wimbish says she saw the neighbors and others fleeing her property with the drone.
"Defendants knew or should have known that their actions... posed a significant risk of personal injury, property damage, and emotional trauma," the complaint states.
The case has seen its share of legal back-and-forth. On Dec. 26, 2024, Wimbish's attorney, Mark C. Dewland, addressed the court, accusing the neighbors of misusing discovery tools and violating court orders. In a letter to Judge James J. Ferrelli, Dewland described the neighbors' actions as "an abuse of the discovery process."
Dewland writes:
"Plaintiff has already submitted a certification to this court in response to [the neighbors'] pending 5th Motion to Dismiss explaining that:
'I have no documentation regarding any security camaras at my house. I do not know the brand names of any security system. When I am harassed, I got to Tractor Supply and buy a camara used for Deer hunting and put it where Paschkes has been trespassing on my property. I rely on my daughters to retrieve the videos or pictures because I do not know a lot about computers. I’m not a security expert. My daughters go to college and they are better with that kind of stuff. I tried to explain this to Mr. Dougherty at my deposition:'"
The lawsuit seeks compensation for property damage, emotional distress, and punitive damages for what Wimbish calls "outrageous conduct."
Click here to follow Daily Voice Bradley Beach-Avon-Belmar and receive free news updates.
