Results may vary depending on your particular facts and legal circumstances.
Successfully tendered full defense and indemnification on behalf of a large commercial client with a high self-insured retention, in a personal injury lawsuit falling under New York’s tough labor laws involving the potential for high damages, completely eliminating the popular American food chain’s exposure and future defense costs and obtaining reimbursement for past defense costs, saving the client tens of thousands of dollars and putting money spent, back in its pocket.
Won summary judgment in favor of a New Jersey commercial property owner and its well-known property management company before the Superior Court of New Jersey, Hudson County, in a case involving significant personal injuries sustained by an employee of one of the tenants. The plaintiff brought action against the landlord entities in an attempt to blame them for a fall from a ladder in the kitchen of the tenant’s space. With a triple net lease in place, the Court granted summary judgment for the landlord entities barring any recovery for the plaintiff’s injuries sustained while at work. The dismissal of this case was a huge win for both the landlord entities as well as the commercial tenant, a popular food chain, who was paying for the landlord’s defense in the case.
Successfully negotiated voluntary dismissal of a Plaintiff’s lawsuit against a large commercial property owner client, early on in litigation, without the need for costly motion practice, saving the client on the potential exposure of the Plaintiff’s case as well as on hefty litigation defense costs.
Won a defense verdict on behalf of a commercial client in a complex liability case before a Middlesex County jury where the sympathetic plaintiff sustained a severe and challenging injury while on our client’s premises. The plaintiff alleged inadequate lighting and lack warnings of recent renovations that caused her to misstep on a platform stair that was previously a ramp. The defense, through multiple experts, proved that in fact, the lighting and warnings exceeded the building code requirements and that the accident was instead the result of the plaintiff’s failure to make proper observations of her surroundings. After 2.5 weeks of trial, the jury found our client was not negligent resulting in an award of no cause of action in favor of our client. The plaintiff demanded 5 times the amount of the settlement offer on the table but instead was awarded zero dollars for past, present, and future pain and suffering.
Negotiated reimbursement of thousands of dollars in legal defense costs after securing full defense and indemnification pursuant to contract for a commercial client faced with a significant personal injury lawsuit, and completely eliminated any exposure and defense costs moving forward for the client
Secured post-discovery, pre-trial, summary judgment in favor of a commercial client in a personal injury lawsuit involving a slip and fall accident allegedly due to water on the floor in a restroom. The motion was based mainly on a lack of notice argument. The Superior Court decision, dismissing the plaintiffs’ lawsuit, saved the client thousands of dollars in trial expenses as well as the risks associated with trial.
Obtained defense verdict in favor of our commercial client in a personal injury lawsuit involving an alleged trip and fall with a significant permanent injury alleged, where the jury found no negligence on the part of our client
Obtained dismissal for a commercial client in a significant personal injury lawsuit involving an alleged slip and fall due to a wet floor condition where the court found no negligence on part of our client.
Negotiated reimbursement of thousands of dollars in legal defense costs after securing full defense and indemnification pursuant to contract for a commercial client faced with a significant personal injury lawsuit capping potential exposure at $0 and putting money back in the client’s pocket.
Successfully defended a premises liability case through appeal and assisted during trial on a case where the plaintiff alleged that she slipped and fell in unidentified liquid on a tile floor. The cause of the fall was initially identified as the plaintiff tripping on the carpeted area for an unknown reason as there were no defects in the area. The plaintiff sustained a closed head injury and a displaced, comminuted distal humerus fracture for which she underwent open reduction with internal fixation. The medical records confirmed that the plaintiff reported tripping on the carpet. Despite the witness accounts that the plaintiff tripped over her own feet, she continued to prosecute the case claiming she fell on liquid. Although motion practice was successful, the plaintiff was able to secure a favorable decision on appeal and the case proceeded to trial. At trial, the defense led by trial attorney Kenneth Sharperson, Esq., focused on the inconsistent stories of what caused the plaintiff to fall. The jury found that there was no water on the floor where the plaintiff alleged she fell and that the client was not negligent in causing the plaintiff’s fall (6-0). The plaintiff’s initial settlement demand was $500,000.
Defended a premises liability case through trial for a commercial client where the jury found no negligence on part of the client as it related to a personal injury due to a defective stair.
Successfully defended the insurance company after both jury and bench trials brought by various medical providers for thousands of dollars in first party claims denied based on lack of medical necessity, fraud, incomplete/insufficient/improper claims documents and excessive billing.
Successfully obtained summary judgment for commercial clients including engineers as professionals in construction defect cases and personal injury matters and sellers in product liability cases.
Successfully obtained contractual defense and indemnification and defended against providing contractual defense and indemnification for various commercial clients including engineers, property owners, landlords, tenants, general contractors and subcontractors.
Won summary judgment for a martial arts school on a case involving personal injury to a minor based on the plaintiff’s failure to meet the burden of proof required for the heightened recklessness standard of care allowed in New Jersey for participants in amateur sporting events.
Successfully obtained summary judgment for a commercial tenant in a multi-tenant business complex finding no duty for snow removal in the common area parking lot.
Won summary judgment for a commercial client on a case involving personal injury due to a transient condition on the floor based on lack of notice.
Successfully obtained summary judgment for non-profit commercial client utilizing the protection offered by the Charitable Immunity Act.
Negotiated reimbursement of thousands of dollars in legal defense costs to resolve commercial contract disputes involving indemnification agreements on behalf of clients being defended in various types of litigation.
Won a summary judgment in favor of our commercial client finding no duty was owed to a patron who tripped and fell in a mall. Secured this favorable decision by convincing the court to view the evidence showing the plaintiff was in an area of the property that was not under the control of our client, near individuals who were not employees/agents of our client.
Defended an insured township in a case involving alleged property damage where the damages were estimated to be in excess of $3.5 million, receiving dismissal of the case by way of motion.
Please note some matters listed were handled prior to joining the firm.