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O’Toole and Smith Secure Dismissal with Prejudice for Client Named in Amended Complaint

April 7, 2021

John P. O’Toole (Of Counsel-Florham Park, NJ) and Andrew Smith (Associate-Florham Park, NJ) obtained a dismissal with prejudice for our client, a multinational investment bank and financial services company, in a case where the plaintiff was allegedly seriously injured due to a slip-and-fall accident on our client’s commercial premises with damages exceeding multiple six-figures and substantial wage loss and vocational claims. In response to an Amended Complaint naming our insured nearly two years after the claim was first filed, John and Andrew moved for summary judgment, arguing that (1) the Amended Complaint was filed after the expiration of the two-year statute of limitations and was therefore time-barred and (2) the fictitious party rule could not save the Amended Complaint from dismissal with prejudice since the plaintiff did not act diligently in the prosecution of this lawsuit against our client. Plaintiffs’ conceded that there was no chance of them defeating our motion and agreed to dismiss all claims, with prejudice. This was the most favorable, and expeditious outcome for our client, especially given the nature and extent of the plaintiff’s injuries and special damages, coupled with the fact that liability otherwise appeared to be clear-cut against us. 

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