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Moran Obtains Summary Judgment on Plaintiff’s Failure to Sustain Claims of Safety Violations

October 30, 2019
Jennifer Moran (Associate-New Jersey) obtained summary judgment in the Superior Court of New Jersey, Middlesex County on her argument that the plaintiff and codefendant failed to sustain their claims alleging inadequate lighting and signage in the crosswalk in front of a gym on our client’s commercial shopping center. The plaintiff was struck by the codefendant’s vehicle, sustaining a torn tendon in her ankle, and she complains of chronic headaches. The potential damages assessed ranged from $100,000 − $150,000. Neither the plaintiff nor the codefendant produced an expert opinion regarding the lighting or deficient signage; further, the plaintiff argued that discovery was open and that there was still time to produce a liability expert report, which the Court found disingenuous as neither had identified an expert, demanded an inspection, nor asked for additional time to produce a liability expert report in any of the five motions extending the discovery period. The Court agreed with Jennifer that an expert opinion is required because there are state and location codes that govern the location, number, height and brightness of the required light fixtures on a commercial property. For these reasons, the Court granted the motion for summary judgment dismissing all claims and cross-claims against our client.

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