NJ Appellate Division Affirms Summary Judgment Obtained by Attorney Robert Ball

Robert F. Ball, a partner in Cipriani & Werner, P.C.’s Woodbridge, NJ (Metropolitan New York) office, successfully argued an appeal before the New Jersey Appellate Division which affirmed summary judgment in favor of our client.

Plaintiff claimed serious personal injuries after being struck by a van door unloading products as she walked up a ramp to a commercial business.  Plaintiff filed a Complaint alleging multiple theories of liability against C&W’s client, who leased the property at issue operating an international freight shipping company.  Plaintiff alleged 1) motor vehicle loading/unloading liability; 2) premises liability for allowing a dangerous condition to exist on the property; and 3) mode of operation which would eliminate any notice requirements for liability since customers prepared their packages for shipment in a self-service area.

Attorney Ball filed a motion for summary judgment which was granted.  Plaintiff filed two motions for reconsideration which were denied and Plaintiff appealed.  After oral argument, the Appellate Division affirmed the granting of summary judgment to our client.  The Appellate Division found 1) that motor vehicle liability did not apply as the defendant owed no duty of care to the plaintiff on the ramp; 2) that aside from pure conjecture, Plaintiff was unable to prove the existence of a dangerous condition, therefore there was no premises liability; and 3) that mode of operation did not apply in the absence of a dangerous condition and no nexus between the self-service aspect of the defendant’s business and Plaintiff’s accident and injuries.

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