Three Attorneys, One Decision: Here’s What Was Decided.

Associate Daniel Voronin, Of Counsel Laurel Wedinger, and Partner Courtney Chadwell obtained an excellent decision from the Second Department, reversing the Kings County Supreme Court’s grant of Labor Law 240(1) in a “falling object” case. The plaintiff, employed by our client, was tasked with two of his co-workers to disassemble a fence made of plywood sheets at a worksite. According to plaintiff, the co-worker who was removing nails from the other side of the fence did not let plaintiff and his other co-worker know that one of the plywood sheets was coming down. This resulted in the sheet striking plaintiff in the head and allegedly causing injuries.”  The lower court granted summary judgment to plaintiff, but this was reversed by the appellate court, concluding there was an issue of fact to be tried by the jury.

#bmmfirm #forthewin #bmm #teamwork

BMM Appellate Victory in New Jersey

The New Jersey Appellate Division recently affirmed the Trial Court's Order granting summary judgment on behalf of our client, the owner of the property and its management company in a dangerous high exposure case. Plaintiff allegedly slipped and fell due to a substance on the floor and/or a napkin. In the underlying action, partner Cara E. Manz Manz successfully argued that the “Mode of Operation” doctrine was inapplicable and that the plaintiff was unable to prove the Defendants had notice of a dangerous condition. Plaintiff appealed the Trial Court's Order dismissing Plaintiff's complaint. Our opposition was written by Laurel Wedinger and Bob Mathias argued the appeal. After argument, the Appellate Division agreed that Plaintiff failed to establish actual or constructive notice of a dangerous condition and declined to extend the “Mode of Operation” doctrine based on the facts presented. In addition, the Appellate Division also affirmed our argument denying spoliation, finding it to be without merit. Despite being confronted with a seven-figure demand, our attorneys successfully presented our arguments at the trial and appellate level which resulted in a full dismissal of the lawsuit.