Insurer Destroyed Key Evidence In Death Of Balloon Artist On Route 23, Lawsuit Says

By Cecilia Levine From Daily Voice

A Sussex County family claims an insurance company destroyed key evidence in a fatal crash by releasing a damaged vehicle involved before it could be inspected.

The complaint brought by Paul Brislin on behalf of his brother Thomas  Brislin says New York Central Mutual Fire Insurance Company returned the vehicle to its owner before they could observe the vehicle and retrieve critical information.” 

The lawsuit was filed last month in Sussex County Superior Court.

Thomas Brislin, 70, was struck and killed outside his Montague home on Tuesday, July 22, when he was removing a fallen tree branch from Route 23, the lawsuit says. The driver of the 2013 Cadillac XTS was identified as a Port Jervis, NY, woman, according to the filing.

The suit claims the Port Jervis woman was careless and negligent in operating the vehicle by failing to keep a proper lookout, remain alert or brake in time, causing her to collide with Brislin. Before his death, Brislin experienced conscious pain and suffering, mental distress and anguish and "angst, dread and fear of his immediate and impending death," according to the suit.

The family says their ability to investigate the crash was compromised when the insurer allowed the Cadillac to be repaired and returned to the driver in August, before Paul Brislin was formally appointed administrator of the estate on Monday, Sept. 15.

The lawsuit says the repair “destroyed critical evidence,” including damage patterns and event data recorder.

The family is seeking damages for wrongful death and survival claims, along with funeral costs, medical expenses, and other compensation permitted under New Jersey law.

Brislin was a gifted performer known across the region under the persona “Lucky the Hobo.” He performed as a balloon sculptor, juggler, and magician at local events and parties, according to his obituary on the Knight-Auchmoody Funeral Home website.

A DJ, Brislin often performed at weddings, events and celebrations, where "his energy made every occasion unforgettable," his obituary reads.

Aside from Paul, he is survived by his brother James and numerous other family members, according to his obituary.

Daily Voice has reached out to New York Central Mutual Fire Insurance for comment.