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Paul W. Lanza

Co-Chair, Trucking & Transportation Practice

Portrait of Paul W. Lanza

As an experienced member of the Casualty Department, Paul concentrates his practice primarily on trucking/transportation liability, premises/retail liability, and construction injury litigation. Additionally, he handles cases in the fields of condominium/community association law, automobile liability,  products liability and malpractice claims against real estate professionals. Paul is frequently retained by clients to handle the pre-suit investigation of high exposure cases involving complex issues of fact and law, including fatal commercial vehicle accidents.  

Paul handles all aspects of civil litigation up to trial, including pleadings, depositions, expert discovery, dispositive motion practice, mediation and non-binding arbitration. He has obtained numerous favorable results for his clients, which range from individuals and small businesses to large-sized insurance companies. He has appeared on behalf of his clients in both New Jersey and New York state and federal courts. Paul has also argued before the New Jersey Appellate Division, where he successfully defended an appeal to affirm an order entering summary judgment on behalf of his client. Additionally, prior to joining Marshall Dennehey, Paul worked at a defense firm where he specialized as regional counsel for a Fortune 50 transportation company. 

Paul attended Seton Hall University School of Law where he was a recipient of the Chancellor's Scholarship. While in law school, he completed over 200 hours of pro bono work in the Immigrants' Rights/International Human Right Clinic.  Paul also worked as a judicial extern in the Superior Court of Essex County, Civil Division for the Hon. Paul J. Vichness, J.S.C. (Ret.) and as an intern in the Newark Public Defender's Office.

Prior to law school, Paul graduated from the University of Notre Dame, with a B.A. in Political Science and Spanish. He was a member of the Dean's List and Sigma Delta Pi (National Collegiate Hispanic Honor Society).

    • Seton Hall University School of Law (J.D., 2014)
    • University of Notre Dame (B.A., 2011)
    • New Jersey, 2014
    • New York, 2015
    • U.S. District Court District of New Jersey, 2015
    • U.S. District Court Eastern District of New York, 2015
    • U.S. District Court Southern District of New York, 2015
    • The Best Lawyers: Ones to Watch®, Product Liability Litigation - Defendants; Transportation Law (2021-2024)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New Jersey Super Lawyers Rising Star (2022-2024)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
    • Trucking Industry Defense Association (TIDA)
    • Dude Where’s My Driver? Regulatory Concerns of the Automated Delivery Vehicle and Unmanned Aircraft Systems, Client Event, June 2017
    • Cyber Liability, Client Event, August 2016
    • "Guide to Expert Testimony in Malpractice Cases Against Real Estate Professionals,"New Jersey Law Journal, October 21, 2019
    • “The Implementation of Cyber Security Legislation: An Overview of the NYFDS and NAIC Model Laws,” Claims Litigation Management, November 2017
    • “How Secure Is Your Vendor? Protecting Yourself from Third-party Cyber Risks,” Claims Litigation Management, July 2017
    • “Preventative Cyber Defenses: Laying the Foundation to Minimize the Risk of Breach,” Claims Litigation Management, April 2017
    • “The Evolution of Cyber Insurance:  How Did We Get Here and Where Are We Headed?,” Claims Litigation Management, January 2017
    • Obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent.   
    • Obtained summary judgment on behalf of our client. The plaintiff was injured when she fell from a 25-foot rock-climbing wall at our client's facility.  After reaching the summit of the wall, plaintiff, a certified climber, pushed off to begin repelling down, only to realize that she forgot to connect to the auto-belay system.  She proceeded to fall to the ground and fractured both ankles for which she underwent open reduction internal fixation surgery.  Plaintiff had previously visited the client's facility approximately 35 times and had executed a liability waiver on each occasion, including the date of the accident.  We moved for summary judgment to dismiss plaintiff's Complaint based on the fact that the liability waiver was enforceable.  Plaintiff argued that the liability waiver was only enforceable as to her claims of ordinary negligence and that the issue of whether the defendant was grossly negligent was a triable issue of fact.  However, we successfully argued that no reasonable jury could find that the client was grossly negligent based on the client's testimony of the safety procedures, protocols and equipment in place at the rock-climbing gym. Accordingly, the Court granted our motion for summary judgment dismissing plaintiff's Complaint, in its entirety, against the client.
    • Successfully defended plaintiff's appeal in the New Jersey Appellate Division of an order granting summary judgment in favor of the client by arguing that plaintiff's claims were barred pursuant to the Workers' Compensation Act because plaintiff was a "special employee" of the client. Holmes v. Zayas, No. A-0591-15T2, 2017 N.J. Super. Unpub. LEXIS 2568 (App. Div. Oct. 13, 2017).
    • Obtained summary judgment in favor of the client, a non-profit charitable organization, by arguing that it was immune from liability under the New Jersey Charitable Immunity Act and there was no evidence of gross negligence against the client.
    • Obtained summary judgment in favor of our clients, a residential real estate agent and company, by arguing that expert testimony was required because a jury could not be reasonably expected to discern the nuances of the standard of care owed by the clients to the plaintiff on its own. Therefore, because plaintiff did not produce a liability expert report during discovery, he could not satisfy his burden of proof and the Court granted summary judgment in favor of our clients.
    • Obtained a defense verdict in favor of the client in a case involving plaintiff's allegations of negligent automobile repairs by proving that our client's repairs were performed in accordance with the industry's customs and standards.
    • Negotiated a stipulation of dismissal with prejudice, without any monetary contribution, in favor of a local college in a premises liability matter. Plaintiff claimed that, as a result of her fall on snow and ice on the sidewalk, she sustained severe injuries including a fractured ankle and she underwent open reduction internal fixation. However, using video surveillance, we were able to dispute the location of the accident and the condition of the sidewalk and obtain this favorable result for the client.

Results

Defense Verdict Returned After Short Jury Deliberation in High-Exposure New Jersey Trucking Case

Christopher Block and Paul Lanza (both of Roseland) successfully obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent. The trial team was assisted by associate attorney Haleigh Catalano and paralegal Kelly Dermody who provided critical support with motions in limine and trial management.

Summary Judgment Obtained in Three Consolidated Cases Involving Multi-vehicle Accident

We secured summary judgment for our client, a tow truck company, in three consolidated cases venued in Essex County Superior Court arising out of a fatal motor vehicle accident caused by an illegal left-hand turn by a tow truck driver. The plaintiffs alleged that our client was liable under a theory of respondeat superior as the tow truck driver’s employer. The plaintiffs further alleged that our client negligently hired, trained, supervised and entrusted the vehicle to the driver. However, we established that our client sold the subject tow truck to a co-defendant tow truck company two weeks before the accident. The court found that the co-defendant’s deposition testimony did not suffice to create a genuine issue of material fact and granted our motion, dismissing all claims against our client.

Thought Leadership

Case Law Alerts

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

July 1, 2025

This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was rear-ended by a phantom vehicle, causing the chain of rear-end collisions.  The other parties in the lawsuit testified, in general terms, that they did not see a phantom vehicle and had no recollection of a vehicle passing them immediately after the crash.  The court held that their scant negative testimony was insufficient to overcome the unequivocal positive statement of the rearward driver, that there was a phantom vehicle, and affirmed the order for summary judgment. The court also noted that summary judgment could have been avoided by the opposing parties if there was evidence from a witness that “I looked where I should have been looking and there was nothing to see.”    Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

July 1, 2025

The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet behind the plaintiff’s vehicle for approximately 5 seconds when their vehicle was struck from behind by co-defendant and pushed into the rear of the plaintiff’s vehicle.  Their motion was denied at the trial court level. However, the Appellate Division reversed after finding that the plaintiff and the co-defendant failed to raise a triable issue of fact and because the motion was not premature, as the opposing parties failed to demonstrate why further discovery was necessary.    Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.