Cases
Significant Representative Matters: Obtained a defense verdict following a six-day jury trial in the Superior Court of New Jersey, Bergen County. The case involved an alleged slip
fall incident on snow
ice at the insured's commercial property. The alleged injuries included aggravation of prior cervical herniated discs
torn labrums of both shoulders necessitating bilateral surgeries
aggravation of prior TMJ injuries
aggravation of pre-existing anxiety disorders.
Due to in limine motions made on behalf of the insured, testimony from plaintiff's experts with respect to the aggravation claims was significantly limited, as plaintiff's experts failed to provide the appropriate comparative analysis, as required by New Jersey law. In addition, due to a motion in limine made, testimony relating to an alleged leak from the roof of the building, causing puddles to form
freeze, was barred due to the failure of plaintiff to provide the appropriate expert in that regard. Testimony relating to the slope
width of the walkway where plaintiff fell was barred for the same reasons.
The jury returned a No Cause in under fifteen minutes, finding no negligence as to the insured.
Successfully defended an automobile accident case in which the plaintiff dem
ed the policy limits of $2 million
alleged potential bad faith against the carrier by obtaining a defense verdict on lack of proximate cause.
Successfully defended an educational institution against a claim of wrongful death of a student as a result of a criminal act upon their property
obtained a judgment of indemnity against the co-defendant security company for all defense fees incurred in defense of the matter. Verdict against co-defendant was $4.3 million.
Successfully defended trucking company against a claim of product liability for the condition of a tire that had been recapped,
subsequently had failed, with a defense verdict at trial, which withstood appellate review.
Successfully argued at the trial level
affirmed on appeal that our trucking client was not a manufacturer or seller as defined under the New Jersey Product Liability Act in regard to their business of recapping tires.
Published Works: How Wise Are You Concerning the Admissibility of Medical Expenses Collectible Under PIP?, Defense Digest, Vol. 18, No. 3, September 2012
