Attorney Articles
Billek & Brignola Published in Allied World Newsletter on Reducing Liability During the History and Intake Process
Summer 2024, Vol. 14.3 - Allied World Newsletter (in conjunction with American Professional Agency)
Gina Brignola handles a variety of professional malpractice actions, and represents health care facilities, physicians, and other medical professionals in medical malpractice actions. She is part of a firm practice that handles professional liability matters on behalf of attorneys and accountants; doctors, nurses, hospitals, and nursing homes; insurance brokers and agents; real estate agents; architects and engineers; home inspectors; and miscellaneous real estate professionals. Gina has achieved certification in Wilson Elser’s rigorous Mock Trial Invitational, through which our most successful trial lawyers impart their knowledge to those destined to join their ranks.
Prior to joining Wilson Elser, Gina was an associate at a boutique medical malpractice firm in central New Jersey. She has made court appearances, taken depositions, worked with medical experts, drafted motions and pleadings, and responded to and reviewed discovery. Her undergraduate degree in Biomedical Engineering focuses on life science and tissue engineering.
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.
Kathleen G. Williams, Maxwell L. Billek and Gina V. Brignola