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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.

  • Trial Court’s Denial of Motions Reversed Before the Commonwealth Court of Pennsylvania

    We convinced the Commonwealth Court of Pennsylvania to reverse the trial court’s denial of motions for post-trial relief and to direct entry of judgment notwithstanding the verdict in favor of our client. The plaintiff was injured while standing unsupported on a moving bus. He lost his balance when the bus accelerated away from a bus stop, grabbed an overhead bar to keep from falling, and injured his arm. The video showed that only the plaintiff lost his balance when the bus started moving. At trial, our client moved for nonsuit and directed verdict, arguing the evidence was insufficient to overcome the jerk-and-jolt doctrine that applies when a passenger is injured on a moving bus. To merit the submission of a jerk-and-jolt case to the jury, a plaintiff must establish a sudden stop or jerk so unusual and extraordinary as to be beyond a passenger’s reasonable anticipation. The Honorable James Crumlish denied the motions for nonsuit and directed verdict and also denied our client’s motions for post-trial relief. Judge Crumlish determined the video evidence presented a jury question under the jerk-and-jolt doctrine and mirrored the plaintiff’s counsel’s characterization of the video evidence in doing so. The Commonwealth Court disagreed. After independently reviewing the video evidence, the Commonwealth Court reversed the trial court and granted judgment notwithstanding the verdict to our client. In doing so, it pointed out that various observations of the trial court “were not supported by the video or testimony.”

  • Victory Achieved in a Bench Trial Before the Philadelphia Court of Common Pleas

    We prevailed in a bench trial in the Philadelphia Court of Common Pleas before the Honorable Joshua Roberts. This case involved a declaratory judgment action prosecuted on behalf of a major vehicle rental company and their insurer. Our client sought declaratory judgment based on an investigation which revealed material misrepresentations in association with the presentation of claims. Following trial, the court entered declaratory relief, voiding the applicable policy ab initio and terminating coverage.

  • Directed Verdict Obtained in a New Jersey Law Against Discrimination Case

    We obtained a directed verdict in a New Jersey Law Against Discrimination case filed against a national trucking company after two days of trial. The plaintiff was a laborer who assisted a truck driver making deliveries to a retail store. The driver admitted to making sexually explicit comments to the plaintiff. The plaintiff argued the comments were made due to his race (African American) and were protected under the LAD. Jillian and Len argued that the comments were offensive to anyone who heard them and had nothing to do with the plaintiff’s race. At trial, the judge agreed that the language used by the truck driver, however offensive it was, could not sustain a cause of action under the LAD as it was not based on a protected category as alleged by the plaintiff. The judge dismissed the case.

  • Defense Verdict Obtained in New York Trucking and Transportation Case

    We obtained a defense verdict for a tow truck company in an “open and obvious” case in Nassau County, NY. We represented a tow truck company that was called to a plaintiff’s workplace to tow a broken-down minibus for scrapping. Our client attached a tow rope to the bus and began operating the winch but was asked to stop so the mirrors could be removed. The plaintiff removed the passenger-side mirror and, instead of walking around the bus, walked between the tow truck and the bus, tripping over the tow rope and breaking his hip. We prepared a motion for a directed verdict based on precedent from a previous Nassau County case, involving a plaintiff who tripped over a tow rope, where the judge ruled the condition was open and obvious, with no duty to warn. However, the trial judge in this case denied the motion. We then requested a curative charge instructing the jury that the defendant had no duty to warn of an open and obvious condition. While the trial judge declined to charge the jury, she permitted us to make the argument ourselves during summation. During summation, we argued the condition was open and obvious and there was no duty to warn and asked the jury to dismiss the case. The jury deliberated for just 15 minutes before returning a verdict for the defendant.   

  • Successfully Defended SEPTA in a Wrongful Death and Survival Case

    We successfully defended the Southeastern Pennsylvania Transportation Authority (SEPTA) in a wrongful death and survival case in the Philadelphia County Court of Common Pleas. The case involved the death of a pedestrian, Vincent Boykin, struck by a SEPTA bus, with the plaintiff, his father, disputing the Philadelphia Medical Examiner’s suicide ruling. The defense presented a forensic psychiatrist’s testimony confirming Mr. Boykin’s high suicide risk. Although SEPTA was found 40% negligent, the decedent’s 60% negligence barred recovery of damages.   

  • Defense Verdict for Public Transportation System in Philadelphia’s Court of Common Pleas

    We obtained a defense verdict on behalf of a public transportation system in a Wrongful Death and Survival case in the Philadelphia County Court of Common Pleas. The case involved the death of a  pedestrian, struck by a bus, with the plaintiff, his father, disputing the Philadelphia Medical Examiner's suicide ruling. The defense presented a forensic psychiatrist's testimony confirming the deceased’s high suicide risk. Although the transportation system was found 40% negligent, the decedent's 60% negligence barred recovery of damages. The claim was further limited by statutory caps applicable to Commonwealth entities.

  • Defense Verdict for Trucking Company

    We successfully defended a tow truck company in an "open and obvious" case in Nassau County, NY. The company had been called to tow a broken-down minibus from the plaintiff’s workplace. While removing the bus, the plaintiff walked between the tow truck and the bus, tripped over the tow rope, and broke his hip. The defense relied on precedent from a similar Nassau County case where a judge ruled that a tow rope was an open and obvious condition, with no duty to warn. Although the trial judge denied his motion for a directed verdict, she allowed him to argue to the jury that the defendant had no duty to warn. Plaintiff’s counsel did not object. In summation, we emphasized that the condition was open and obvious and urged dismissal. The jury deliberated for just 15 minutes before returning a verdict for the defendant.

  • 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.

  • Defense Verdict for Moving Truck Rental Company

    We secured a jury defense verdict in a general liability lawsuit brought against our client, a Pennsylvania moving equipment rental company. The plaintiffs were in their car at a McDonald's drive-thru in Delaware when their vehicle was struck by an unattached trailer that had blown from an adjacent parking lot during a storm. The trailer was blown from the parking lot of the adjacent gas station which rented trailers to the public as part of a dealership agreement with a Delaware moving equipment rental company that had the same parent corporation as the client. After the accident, the gas station employee provided the plaintiff with an old business card for an employee of the Delaware equipment rental company, but which identified the employee as an agent of the Pennsylvania moving equipment company. The plaintiffs contended that the business card established agency, and we argued that an old business card was not enough to establish agency and that the testimony of the parties directly contradicted the wording on the business card. The plaintiffs claimed to have suffered neck and back injuries, and one contended she would have future medical expenses in excess of $100,000. The first question on the verdict slip asked the jury to state whether the Delaware company employee was also an employee and/or agent of the Pennsylvania moving truck rental company at the time of the accident and the jury answered "No." That eliminated the need for the jury to answer any further questions, and a defense verdict was rendered.

  • Summary Judgment Awarded for National Trucking Company

    We obtained summary judgment for a national trucking company in a lawsuit filed in Middlesex County, New Jersey, arising from a multi-vehicle trucking accident on the New Jersey Turnpike in which a young girl was killed and her mother seriously injured. In addition to being granted summary judgment, we recovered for our client all of its property damage, towing, and related costs from the other vehicles involved in the accident. A consolidated case filed by the County of Middlesex in which they sought to recover cleanup and environmental costs associated with the accident, was also dismissed, with prejudice.

  • No-Cause Verdict on Behalf of National Trucking Company

    We obtained a no cause verdict following a one day non-jury trial (conducted virtually) in the Law Division of Hudson County for our client, a national trucking company. The plaintiff alleged the truck swerved into his lane causing property damage. The defense successfully argued that the plaintiff’s identification of the trailer as belonging to our client was not dispositive on the issue of the identification of the company responsible for operation of the truck which was pulling the trailer at the time of the accident. The judge further found the police report was not admissible on the identification of the operator of the vehicle and also that regardless of identification, the plaintiff failed to establish the operator was negligent.

Firm Highlights

Thought Leadership

New Jersey Appellate Division Affirms Recreational Immunity for County Under Landowners' Liability Act

In a recent unpublished decision in Matthew Kuzma, etc. v. Middlesex County Parks Department, et al., the New Jersey Appellate Division affirmed summary judgment in favor of Middlesex County Parks Department, holding that the county was immune from liability under New Jersey's Landowners' Liability Act (LLA), notwithstanding its failure to plead the immunity as an affirmative defense in its answer to the Complaint. The case arose from injuries sustained by fourteen-year-old plaintiff, Matthew Kuzma, while playing basketball at Spring Lake Park in South Plainfield on August 23, 2019. The plaintiff observed a crack in the basketball court before beginning to play but did not consider it dangerous. During the game, his foot became caught in the crack, causing him to fall and suffer a significant ankle injury. The plaintiff alleged that the injury resulted in ongoing physical limitations and deprived him of the opportunity to play collegiate basketball. The plaintiff filed suit alleging that the defendants negligently maintained the basketball court. Although the county did not assert LLA immunity as an affirmative defense in its answers, it later moved for summary judgment on that basis. The plaintiff opposed the motion, arguing that the county had waived the defense by failing to plead it. The county maintained that the plaintiff had received sufficient notice of its intent to rely on the LLA through discovery and therefore suffered no unfair surprise or prejudice. The trial court agreed and granted summary judgment, concluding that the county should be permitted to invoke statutory immunity notwithstanding its failure to formally plead the defense. Relying heavily on the New Jersey Supreme Court's guidance in Arias v. Cnty. of Bergen, holding a county park was subject to the immunity of the LLA, the Appellate Division affirmed, holding that the county's failure to plead LLA immunity did not preclude reliance on the defense under the circumstances presented. The court determined that the plaintiff had received adequate notice of the immunity claim through discovery and that permitting the defense furthered the public-policy objectives embodied in the LLA. In affirming dismissal, the Appellate Division acknowledged the seriousness of the plaintiff's injury and the general societal interest in maintaining parks and recreational facilities in a safe condition. However, the court emphasized that both the legislature and the New Jersey Supreme Court have expressed a clear policy choice to limit liability for public and private landowners who make recreational property available for public use. The decision reinforces the courts' continuing adherence to the Landowners' Liability Act and the principle that recreational lands and facilities should be broadly protected from liability exposure, even in cases involving significant personal injuries.