Kevin M. McGoldrick

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Marshall Dennehey
• Representative Cases & Transactions
  Cases

  Significant Representative Matters: Plaintiff tripped
  fell on raised sidewalk in front of defendant's private residence. Plaintiff suffered significant injuries including a displaced fracture of the shoulder
  humeral head fracture requiring a complete shoulder reverse arthroplasty. Plaintiff's dem
  was $750,000. Defendants assert that it is undisputed that Defendants did NOT perform any work, maintenance or construction to the sidewalk prior to Plaintiff's alleged fall in May 2020, thereby, creating or exacerbating, a condition on the sidewalk which would have contributed to or caused the plaintiff's fall. The general rule is that a residential property owner owes no duty to keep a sidewalk abutting his property in repair. Norris v. Borough of Leonia, 160 N.J. 427, 431 (1999). While the Court has created an exception to the rule of non-liability in the case of an abutting commercial property owner as in Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), it has consistently declined to extend that liability rule to abutting residential
  non-profit owners. Additionally, New Jersey Courts have recognized that '[r]esidential homeowners can safely rely on the fact that they will not be liable unless they create or exacerbate a dangerous sidewalk condition....' Luchejko v. City of Hoboken, 207 N.J. 191, 210 (2011). The judge found that there are no genuine issues of material fact to support a theory of liability on behalf of Defendants
  granted our motion for summary judgement.
  Secured stipulation of dismissal with prejudice in federal court for personal injuries alleged by plaintiff in an automobile accident. The plaintiff was alleging to have sustained significant, permanent injuries as a result of a minor impact accident that occurred in a bank parking lot. Filed a motion to dismiss after the plaintiff failed to cooperate
  appear for multiple defense medical exams. The magistrate agreed
  dismissed the plaintiff's complaint with prejudice.
  Successfully tried to verdict an automobile accident claim where plaintiff was seeking $125,000 originally when Complaint was filed. Non-binding arbitration awarded plaintiff $45,000. Minimal offer was extended
  rejected by plaintiff. Jury found for the defense confirming plaintiff did not pierce the verbal threshold pursuant to N.J.S.A. 39:6A-8 et seq.
  Secured dismissal of two plaintiffs claims for personal injuries as a result of a slip
  fall in a parking lot of the insured's business. Plaintiffs were seeking $100,000 each for their alleged injuries. Kevin filed a Motion for Summary Judgment arguing the 'Snow in Progress Doctrine'
  the Superior Court agreed that the insured did not have an obligation or duty to perform snow removal services during a significant snow storm.
  Secured dismissal of plaintiff's claim for personal injuries in a slip
  fall in front of the insured's business. Plaintiff suffered significant injuries including a dislocated
  fractured wrist
  head contusion. Plaintiff was seeking $250,000 in damages. Kevin filed a Motion for Summary Judgment arguing plaintiff could not establish any negligence on the insured through the proofs submitted into evidence. Plaintiff was rendered intoxicated in the hospital records, knew of the existence of the alleged 'hazard' beforeh
  
  was the only eye witness to the fall. The Superior Court agreed that the evidence did not support plaintiff's allegations
  there were no issues of fact that a jury could conclude the insured was responsible for plaintiff's injuries.
  Secured voluntary dismissal from plaintiff for a PIP suit filed by plaintiff with her bodily injury claims. Kevin was able to establish plaintiff had no st
  ing to bring the suit against the carrier as the medical providers had taken an Assignment of Benefits from the plaintiff
  pursued their claims for reimbursement in the Forthright Forum.
  Successfully resolved a claim for personal injuries in a trip
  fall suffered at the insured's roller skating rink. The plaintiff tripped over a coin left on the skating rink floor used in the arcade machines at the insured's business. Plaintiff suffered a bimalleolar fracture to his ankle requiring surgery including plate
  screws. Plaintiff made a dem
  for $250,000
  the case resolved for $31,500 which included a health care lien
  wage claim. We were able to establish that the insured had no actual or constructive notice of the coin being on the floor
  had adequate security
  personnel on the floor at the time of plaintiff's floor.
  Obtained a defense verdict in Monmouth County on behalf of a trucking company
  their driver in a serious motor vehicle accident. The jury found no liability on Kevin's client
  thereafter, found plaintiff did not pierce the Verbal Threshold, pursuant to N.J.S.A. 39:6A-8, as to the co-defendant.
  Obtained Summary Judgment on multiple PIP suits filed against the client/carrier based on the policy limits being exhausted pursuant to N.J.S.A. 39:6A-4.3.
  Published Works: 'New Jersey Appellate Division Rejects Contention that Ongoing Storm Rule Does Not Apply to Privately Owned Commercial Property,' Defense Digest, Vol. 29, No. 3, September 2023
  'The Impact of the DiFiore Case on Defense Medical Exams,' Defense Digest, Vol. 28, No. 12, December 2022
  'Superior Court or Forthright? That is the Question,' New Jersey Law Journal, Automobile Law Supplement, January 27, 2016
  'A Comparative Analysis Is Not Required Under AICRA Unless Aggravation Of Pre-Existing Injuries Is Pled As A Cause Of Action,' Defense Digest, June 2007
• Additional Links
  http://www.marshalldennehey.com/attorneys/kevin-m-mcgoldrick