Experience

• Successfully obtained an early dismissal of a Consumer Fraud claim on the pleadings for failure to state a claim.  In that case, the plaintiff homeowners lost power when a tree fell during a storm and took down the power lines.  As part of the work necessary to restore power, certain trees on the homeowners’ property were trimmed by the defendant company.  The plaintiff homeowners took issue with the manner in which they had been trimmed and filed a lawsuit, alleging among other things, that the defendant company was liable for consumer fraud.  The court granted the defendant’s motion, finding that there was no consumer transaction and therefore dismissed the consumer fraud claim. 

• Successfully obtained dismissal of a serious injury/serious disability case 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.). Summary Judgment was affirmed on appeal. 

• Obtained Summary Judgment in personal injury matter involving an alleged trip and fall over a folded over weather mat in the vestibule of a diner.  In that case, the defense was able to establish through video evidence that the plaintiff failed to make a prima facie showing that the plaintiff’s fall down accident was caused by any negligent act or omission by the defendant diner.  To the contrary, the court was persuaded that the video evidence demonstrated that her accident was caused by her own misstep and not by any defective characteristics of the weather mat.  The court was also persuaded that even assuming the weather mat was defective in some way, that the defendant diner did not have any notice of same.  Summary judgment was affirmed on appeal.