Gordon Rees Scully Mansukhani Partner Amanda A. King and Associate Brittney A. Nochimson secured complete dismissal of a premises liability action brought against their client, a healthcare facility, in a New Jersey state court action in which the plaintiff sought millions of dollars in damages.
The plaintiff, a former patient of the facility, alleged that the facility failed to maintain nearby sidewalks in a safe, non-hazardous condition, thus causing the plaintiff to fall and sustain permanent injuries. Ultimately, the discovery period closed without the plaintiff serving any expert discovery to prove that a hazardous condition existed or that the facility was the entity that was responsible for maintaining the sidewalk. GRSM then aggressively moved for summary judgment, arguing that the plaintiff failed to prosecute his claims and could never establish the existence of a hazardous condition or any causation of damages absent the requisite expert discovery.
After a full briefing and oral argument, the court agreed with King and Nochimson’s arguments and dismissed all of the plaintiff’s claims with prejudice, prohibiting him from reasserting his claims.
Learn more about GRSM’s Healthcare practice.