Experience

• Successfully got a serious injury/serious disability case dismissed on early Summary Judgment Motion in New Jersey State Court, in a case involving an issue of legal “first impression” in the State.  An employee of our client fell off a building under construction and received Workers Compensation benefits for the injuries.  The worker sued the general contractor for negligence and OSHA violations, but did not bring an employer liability claim against our client/subcontractor employer.  The general contractor brought a third-party complaint alleging indirect employer liability, arguing Workers’ Compensation immunity did not bar indirect claims for “intentional” claims (OSHA violations, etc.).  Time for appeal of this victory has not yet run, and the general contractor has not advised if it will test this ruling in the higher courts.

• Obtained summary judgment in property damage case involving alleged catastrophic engine damage to the plaintiff's vehicle after it was valet parked at the defendant's parking facility on the basis that the plaintiff failed to prove causation.

• Obtained a dismissal on the pleadings in favor of manufacturer in a toxic tort matter.  The manufacturer was one of many defendants named in a lawsuit based on allegations that it sold benzene containing products to the military that was used by the plaintiff during his enlistment with the Marines. Allegedly, as a result of his exposure to these products, the plaintiff contracted a blood cancer and ultimately died. The Court was persuaded by the defense argument that the plaintiff could not have been  exposed by this manufacturer’s product because it was not sold to the military during the time period of the plaintiff’s enlistment.