Richard S. Ranieri
Partner, Chair of the Toxic Tort and Environmental Group
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.
Successfully argued through all appellate levels including NJ Supreme Court case involving massive injuries and disabilities in mixed dram shop and motor vehicle case, where issue of statutory construction for lawsuit immunity statutes (bar to claims) in nature of statute of repose, was decided.
Successfully argued through all levels of appellate court including successfully at the New Jersey Supreme Court, occupational toxic exposure case where worker sued employer, despite worker receiving workers compensation benefits, under dual recovery theory allowed for “reckless indifference” theories, for rectal cancer allegedly due to exposure to solvents and heavy metals.
On behalf of sole “deep pocket” private defendant, successfully argued before NJ Superior Court causing change in law for municipal liability for related conditions of public property, causing multiple public entities let out initially on Summary Judgment to be brought back in, case involving multiple fatalities and multiple disabling and disfiguring injuries to minor and additional plaintiffs.
Successfully argued appeal that changed New Jersey Law, on Dram Shop foreseeability issues, in case involving a minor death and multiple, substantial, disfiguring and disabling injuries to multiple minors.