Patricia M. McDonagh

• The Best Lawyers in America©, Appellate Practice (2026-2027)

• Essex County Bar Association
• New Jersey State Bar Association

Assisted in securing a unanimous 6-0 defense verdict in a New Jersey premises liability case after the jury found no negligence on the part of the defendant. The plaintiff alleged that a six-foot drill bit fell from a retail display, causing a concussion, post-concussion syndrome and permanent cognitive impairments. The defense demonstrated that the item was displaced only after an unidentified customer struck the shelving with a shopping cart and that there was no evidence store employees knew or should have known of the condition. Through surveillance video, fact witness testimony and expert evidence, the defense also established that the impact was inconsistent with the forces necessary to cause a concussion and highlighted alternative explanations for the plaintiff's claimed injuries. Following a six-day trial, the jury returned a complete defense verdict, finding the defendant was not negligent.

Secured a unanimous defense verdict in a premises liability matter involving a national home improvement retailer. The plaintiff alleged that she developed Complex Regional Pain Syndrome (CRPS) following a fall in the retailer's parking lot in October 2022. Plaintiff claimed that the incident necessitated significant ongoing medical treatment, including the implantation of a permanent spinal cord stimulator. The plaintiff sought substantial damages, including claims for extensive future medical care. The defense team successfully challenged the credibility of the plaintiff's allegations and expert testimony through rigorous cross-examination and the presentation of defense experts in forensic engineering, human factors, and pain management. The defense also demonstrated that the plaintiff's alleged condition was attributable to pre-existing medical issues rather than the incident at issue. Following a six-day trial, the jury deliberated for just 42 minutes before returning a unanimous verdict finding no negligence on the part of the defendant.

Secured a no-cause verdict on behalf of a national home improvement retailer in a personal injury action. The plaintiff alleged that on May 20, 2019, she was injured at one of the retailer’s stores when an associate moved a lumber cart, causing a PVC pipe to fall and strike her head and right shoulder. She claimed permanent traumatic brain injury, concussion, and spinal injuries, supported by her orthopedic and neurologic experts. Our defense orthopedic and neurologic experts testified that the plaintiff’s reported symptoms were more consistent with malingering or a somatoform disorder. After a one-week trial and approximately 45 minutes of deliberation, the jury unanimously found the defendant was not negligent. The last demand was $1.2 million, and the final offer was $100,000.

Obtained summary judgment in favor of an automobile liability insurance carrier, wherein court upheld carrier's disclaimer of defense and indemnity coverage to its insured in response to personal injury lawsuit brought against insured arising from motor vehicle accident on the basis that insured had made material misrepresentations on his insurance policy application as to where he resided and principally garaged the insured vehicle.

Successfully represented an insurance carrier in a declaratory judgment action, wherein carrier disclaimed coverage to insured under an automobile liability insurance policy with regard to an underlying personal injury lawsuit brought against insured arising from a motor vehicle accident because insured failed to provide the carrier with notice of either the accident or the resultant lawsuit and which, in turn, substantially prejudiced the insurer.

Obtained summary judgment on behalf of defendant employers and having all claims against them dismissed in civil lawsuits brought against them by their own employees for injuries the employees sustained in the workplace on the basis that there was no evidence to support a finding that the "intentional wrong" exception to the workers' compensation bar applied. In one of these cases, in particular, after successfully in having the plaintiff employee's claim against his employer dismissed, the employee continued to litigate his claim against the remaining defendant, a forklift manufacturer, resulting in a jury verdict in favor of the plaintiff in excess of $1 million, which was subsequently affirmed on appeal.

Obtained summary judgment in favor of a commercial general liability carrier in a declaratory judgment action, successfully limiting the CGL carrier's potential liability exposure in a case involving serious injuries to two plaintiffs as a result of a robbery. Received a favorable ruling from the court that the $100,000 aggregate policy limit, set forth in the CGL policy's Assault & Battery Endorsement, was the applicable liability coverage limit potentially available to the injured plaintiffs under the CGL policy and not the $1 million per occurrence coverage limit, set forth in the policy's Declarations, as was argued by the plaintiffs.

Successfully defended a CGL insurance carrier in a claim brought against it by the landlord/owner of a warehouse for defense and indemnity coverage as an Additional Insured under a CGL insurance policy issued by the carrier to one of the tenants at the warehouse in a high-exposure property damage loss case arising from a fire on the basis that the landlord did not qualify as an additional insured on the policy pursuant to the Additional Insured Endorsement and the landlord's claim should be a claim against its insurance broker for professional negligence in not procuring the proper insurance coverage requested by the landlord.

Obtained summary judgment in favor of a subcontractor on an indemnity cross-claim, where the contract at issue, between the subcontractor and the general contractor, did not include the required express language that the general contractor would be indemnified for own negligence.

• "New Jersey Supreme Court Holds that Evidence of an Insured’s Uncompensated Medical Expenses Falling Between the Insured’s Selected PIP Coverage and the Statutory Maximum PIP Coverage of $250,000 Is Inadmissible," Legal Updates for Coverage and Bad Faith, March 28, 2019
• "New Jersey Environmental Insurance Law: The Battle Over Coverage Between Insurers and Policyholders, Arising from "Owned Property Exclusion" Clauses in CGL Policies," Defense Digest, Fall 2004
• "Are E-Mails Privileged?," For The Defense, November 2000