Cases
Significant Representative Matters: Obtained a directed verdict on behalf of my client, an engineering firm in a breach of contract action. Plaintiff, a construction company, sought damages for additional unit price work performed during the construction of an airport parking apron. The project was 95% funded by a grant from the New Jersey DOT. Plaintiff performed the additional work without submitting written requests for Change Orders
without receiving written authorization to proceed. Plaintiff contended that the engineer verbally authorized them to proceed with the additional work
that they relied upon that authorization to their detriment. The airport contended that it relied upon the engineer to determine that the work was done properly. The Judge denied Motions for Summary Judgment. At trial, I established that the terms of the Contract required the Plaintiff to submit a written request for a Change Order prior to performing unit price work that would increase the contract price
that Plaintiff's failure to submit the written request for a Change Order prior to doing the work deprived the airport
the DOT of the opportunity to decrease the scope of the project
that as a result the Plaintiff's failure to comply with the terms of its contract, the DOT denied the request for additional funding. At the end of Plaintiff's case, the Judge granted the motion for a directed verdict dismissing all claims with prejudice.
Successfully represented an engineering firm in defense of a suit alleging improper design/construction of improvements to a town park resulting in flooding of plaintiffs' commercial property. I tendered the defense to the contractor
their carrier assumed the defense of my client
resolved the matter, reimbursing my client's costs
counsel fees.
Successfully represented a manufacturer of a truss system in defense of a suit alleging multiple construction defects. The matter resolved with no payment by my client.
Successfully represented a commercial property owner in a complex construction/fire loss matter in which claimants contended that improper design of a st
pipe
a failure to test the st
pipe following repairs by my client's contractor, resulted in the loss of two yachts. The matter resolved with no payment by my client.
Achieved a defense verdict in a wrongful death case. Plaintiffs' decedent committed suicide by jumping off of the roof of Rahway Hospital. Plaintiffs' claims included negligent security against our client, the contracted security company, along with psychiatric
nursing malpractice. Plaintiff appealed
the Appellate Division unanimously affirmed the Trial Court verdict
plaintiff then filed a Petition for Certification. The Supreme Court granted certification. Following briefing
oral argument, the Supreme Court agreed that Certification had been improvidently granted
dismissed the appeal, which resulted in affirmance of the Trial Court victory.
Obtained Summary Judgment on behalf of an Engineering Firm dismissing a wrongful death claim based upon the plaintiffs' failure to provide an Affidavit of Merit.
Successfully resolved, through mediation, a complex products liability/construction defect claim in which plaintiffs sought $13.5 million in damages following an explosion of a large, commercial boiler during the commissioning process. I was able to persuade the parties
the court to permit limited, sharply focused discovery, providing enough information for the parties to intelligently participate in mediation,
avoiding the potential for hundreds of days of depositions. As a result, I was able to achieve a global resolution of the case for less than a third of plaintiffs' alleged damages
to significantly limit my client's contribution.
Successfully h
led a class action construction defect/architectural malpractice claim on behalf of an architectural firm, obtaining a dismissal of all claims against them with no payment.
Successfully resolved, during trial, a construction defect claim against the general contractor, architect
engineer arising out of the design of a funeral home. The architect
engineer settled before trial. Plaintiff dem
ed approximately $1 million in damages from my client. I defended on the grounds that the contractor was justified in relying upon the signed
sealed plans of the licensed architect
engineer. At the close of plaintiffs' case, plaintiff accepted $75,000 in settlement.
Obtained Summary Judgment in a case involving a construction worksite accident. The general contractor sued my client, the plaintiff's employer, seeking defense, indemnification
additional insured status pursuant to a contract between the parties. I successfully argued that the plaintiff's claims against the general contractor arose out of the general contractor's active fault
not out of any vicarious liability on the part of my client. I successfully defeated the general contractor's motion for leave to appeal.
Achieved a defense verdict following a six-month trial in a $65 million construction case by establishing that the cause of water infiltration was differential movement, not client's work. In the same action, successfully defeated the developer/general contractor's post-trial motion for contractual defense
indemnity.
Obtained Summary Judgment in a construction/product liability case in which the dem
was in excess of $10 million by establishing that the design of the system was doomed to failure prior to construction
therefore, any deficiency in the ductwork was not a proximate cause of the HVAC system's failure to meet specifications.
Successfully resolved through mediation, on behalf of the initial developer/project sponsor of a condominium project, a construction defect claim where the dem
was in excess of $23 million by joining appropriate subcontractors, tendering client's defense to
dem
ing additional insured status from multiple subcontractors/carriers
retaining the appropriate engineering
architectural experts. As a result of these efforts, able to resolve plaintiff's claims for $7.8 million, limit client's contribution to $1.8 million,
obtain contribution in excess of 75% from the subsequent developer/project sponsor, architect
various subcontractors.
Obtained a $30,000 verdict following trial of a personal injury matter in which a young, diabetic woman claimed to have tripped
fallen on a defectively designed staircase, sustaining a trimalleolar fracture requiring open reduction with internal fixation. Plaintiff claimed to have sustained post-traumatic arthritis. Her expert testified that she would require subsequent surgery, most likely ankle fusion. Her pre-trial dem
had been $1 million.
Obtained Summary Judgment dismissing plaintiff's complaint against client, a product supplier, in a product liability case in which the dem
was in excess of $1 million based upon the Statute of Limitations. In the same action, obtained Summary Judgment dismissing the purchaser's cross claims for defense
indemnification based upon their failure to perfect their cross claims
upon the fact that once plaintiff's claims were dismissed, any verdict against them would be as a result of their active fault. I successfully defeated the purchaser's appeal of the Order granting Summary Judgment as to the cross claims.
