The Madison, New Jersey team comprised of Kathleen Williams (Of Counsel), partner Maxwell Billek and associate Gina Brignola obtained summary judgment in the Superior Court of New Jersey, Monmouth County, in a legal malpractice action brought against our client, a personal injury law firm. In an underlying matter, the firm represented the plaintiff in a personal injury lawsuit against a contractor. The plaintiff, a police officer, was struck by a construction vehicle owned by the contractor while directing traffic at a construction site, causing severe injuries inhibiting his ability to ever return to work.

The court dismissed the underlying matter after the contractor's counsel filed a motion for summary judgment, ruling that the law firm failed to file timely and appropriate opposition to the motion. The plaintiff's legal malpractice lawsuit against our client ensued. After discovery and a month before the trial was to begin, the Madison team obtained summary judgment after successfully arguing that the plaintiff was a special employee of the contractor and, as such, was only entitled to workers' compensation benefits. Accordingly, regardless of the law firm's conduct in the underlying matter, the plaintiff could not succeed in the 3rd party suit against the contractor. In a 23-page opinion, the Court agreed and granted Wilson Elser's motion for summary judgment, staving off a last demand of $2 million.