Gordon Rees Scully Mansukhani Partner Mark A. Trokan and Associate Krizia Rivera Skinner secured a complete dismissal for their client, an out-of-state small business selling plants to a national big-box store, in a personal injury matter in New Jersey Superior Court.
The plaintiff, a patron of the store, was shopping for products when he is alleged to have tripped and fallen in an aisle due to a misplaced display cart containing, among other products, spider plants, resulting in significant injuries. The store asserted that one or more of its 20+ vendors and merchandisers were responsible for the display cart, resulting in the plaintiff impleading all of the store’s product vendors and merchandisers. After depositions, the plaintiff agreed to voluntarily dismiss all vendors and merchandisers except for the firm’s client due to the mere coincidence that they also sold spider plants, leading the firm’s team to file for summary judgment.
The team argued that the mere presence of the same type of plant sold by the client did not result in a causal connection and that the plaintiff’s accident was instead caused by his own negligence and by the big box store. The Court agreed with firm’s position on all points and granted summary judgment, dismissing the complaint and all cross claims against our client with prejudice.
GRSM’s creative litigation approach, centered on developing a strong factual record, including strategic written discovery demands and depositions used in support of the motion for summary judgment, resulted in success for the firm’s small business client.