Attorney Robert Ball Obtains Summary Judgment in Essex County

Robert F. Ball, a partner in the firm’s Woodbridge, NJ (Metropolitan New York) office, recently obtained summary judgment for our client in a claim involving the alleged negligent control of a dog.

Attorney Ball represented a commercial property owner whose dog got loose and jumped on the Plaintiff, knocking him to the sidewalk and causing injuries.  In New Jersey, if the dog had bitten the Plaintiff, the owner would have been strictly liable.

With a video of the incident, Attorney Ball successfully argued that since the dog only jumped on the Plaintiff, he was required to prove that the dog was known to have vicious propensities and that the owner knew or should have known of those propensities, or that the owner failed to use due care to control the dog at the time of the incident.

The Court agreed that the Plaintiff failed to prove either element and granted our motion for summary judgment.

If you have any questions about this case, please contact Robert Ball, Esq. at rball@c-wlaw.com or (848) 229-3300.