Richard S. Ranieri
Partner, Toxic Tort and Environmental Managing Partner
Secured summary judgment on behalf of a large east coast convenience store chain, on the issue of lack of notice of black ice in a parking lot. The plaintiff claimed she fell on black ice in a parking lot and sustained severe spinal injuries, requiring surgery. The Court agreed with the defendant that there was no evidence that it had notice of the black ice and granted summary judgment and dismissed the case.
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.
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.