Executive Partner, Suzanne Halbardier and Associate, Diane Fernandez Secure Complete Defense Win in Federal Court.
Barry McTiernan & Moore LLC is proud to share a significant victory in the United States District Court for the Southern District of New York, where our team secured summary judgment in favor of our client.
Led by Executive Partner Suzanne Halbardier, with the assistance of Associate, Diane Fernandez, the firm successfully demonstrated that our client which operated a shuttle bus service could not be liable for the actions of its employee. The employee driver was alleged to have sexually assaulted the plaintiff who was riding the bus. The firm developed its arguments that it did not know of any proclivity on the part of the employee and also established that it had procedures and training in place to prevent inappropriate conduct by its employees. While the Court acknowledged the gravity of the underlying incident, it ultimately held that plaintiff could not succeed as the conduct was not in furtherance of the employer’s business and that there was no negligence in the hiring, supervision, and retention of the employee.
This result reflects the team’s thoughtful and strategic approach to complex liability issues, as well as their ability to navigate sensitive matters with precision and professionalism.
We congratulate Suzanne and Diane on this important outcome and their continued dedication to delivering strong results for our clients.
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