Caroline S. Vahey

Philadelphia, Pennsylvania, partners Caroline Vahey and John Donovan prevailed on a contested Summary Judgment Motion in a high-value case in New Jersey. The plaintiff, one of many regular trespassers at our client’s quarry, was riding a dirt bike when he hit a metal cable and was thrown from the bike, puncturing both lungs, among other severe internal injuries. He was air-lifted in critical condition to a hospital and ultimately survived. The plaintiff filed alleged the quarry owed him a duty of care as a known and tolerated trespasser. After the plaintiff admitted in discovery that he did not have the “express consent” of the quarry to enter the property, Caroline and John filed a Motion for Summary Judgment citing to the little-known New Jersey ATV Act. The Act provides that a property owner is immune from liability for injuries sustained by a dirt bike, ATV or snowmobile rider entering the property without express consent. The plaintiff opposed the motion, contending that the willful and malicious conduct of the defendant nullified the immunity. In extensive briefing and after long oral argument, the court agreed that the quarry was immune under New Jersey law, and granted our Motion for Summary Judgment, dismissing the plaintiff’s case in its entirety, with prejudice.