Gordon Rees Scully Mansukhani Partner, Michael V. Slivjak, and Associate, John M. Russell, obtained dismissal of all claims against the firm’s client, a paving contractor performing masonry and bricklaying services in Essex County, New Jersey.
The client had performed work on a sidewalk well over a decade before the plaintiff allegedly tripped and fell on an uneven condition. Accordingly, Slivjak and Russell filed a Motion to Dismiss in lieu of pleading, arguing that New Jersey’s Statute of Repose precluded any negligent construction claims against the client, as well as protected the client against the burdens of discovery.
Despite having no indication that the client returned to the area or played any other role in the subject construction project, the plaintiff opposed the dismissal. Borrowing from medical malpractice case law, the plaintiff attempted to argue that the Discovery Rule entitled her to equitable investigation of such claims.
Russell appeared for oral arguments, highlighting the speculative nature of the plaintiff’s theories and recent precedent examining the purposes of the Statute of Repose vs. the Discovery Rule. The court agreed and dismissed all claims against the firm’s client.