REARDON ANDERSON, LLC GRANTED SUMMARY JUDGEMENT IN CONSTRUCTION SITE ACCIDENT.-- Reardon Anderson, LLC was successful in obtaining summary judgment for one our clients in a matter that involves a construction site accident. Plaintiff was crushed when a concrete truck backed into a masonry wall, knocking if over on to him. Plaintiff suffered significant orthopedic injuries which consisted of fracture of the femoral shaft, injuries to his right knee and left shoulder. He was required to undergo three separate surgeries for these injuries. His workers compensation lien was over $250,000.
Our client was the developer of the project which consisted of seven duplex homes. Plaintiff argued that our client was responsible wholly or in part for the happening of the accident as the landowner. We argued that our client had hired a general contract which was responsible for all aspects of the project – means and methods of construction, hiring of trades, coordinating of trades, oversight of trades/their employees and responsible for onsite safety. After oral argument the court agreed with our position and granted summary judgment. Erik Anderson was on the brief and argued the motion. Veronica Abraham assisted with the brief.
The case was venued in the Superior Court of New Jersey, Law Division, Essex County.
ERIK ANDERSON APPOINTED TO THE BOARD OF TRUSTEES OF THE MONMOUTH COUNTY BAR ASSOCIATION -- Reardon Anderson, LLC is excited to announce that Erik Anderson has been selected to serve on the Board of Trustees for the Monmouth County Bar Association. In addition to being appointed to the Board, Erik also serves on the Civil Practice Committee and the Unlicensed Practice of Law Committee. The MBA was founded in 1908 and is dedicated to promoting the administration of justice and furthering the interests of bar members and the public in the legal system.
DEFENSE OF CLIENT ASSUMED BY CO-DEFENDANT – In this matter, Plaintiff alleged a slip and fall on a sidewalk adjacent to client’s store. As a result of their fall, plaintiff suffered a fractured hip with complete replacement. Co-defendant, snow removal contractor denied all liability. After discovery, the snow removal contractor picked up our client’s tender, and reimbursed 100% of defense costs. This matter was handled by Len Kushnir.
REARDON ANDERSON, LLC SAVES CLIENT$950,000 – This matter (which was venued in the Bronx) involved a construction site accident where the plaintiff was an employee of the General Contractor. As a result of the accident, plaintiff claimed loss of vision. Our client’s defense was previously handled by national insurance defense firm which recommended a $950,000 reserve. After the file was reassigned to Reardon Anderson, LLC, a tender was made to the general counsel. The general contractor not only agreed to pick up the defense of the firm’s client, but reimburse 100% of the client’s legal bills for defending the action. This matter was handled by Len Kushnir.
DISMISSAL OF CLIENT FROM PROFESSIONAL LIABILITY CLAIM -- Insurance Defense -- Erik Anderson was successful in having his client dismissed in connection with a private mortgage dispute in lieu of having to file an answer. In this matter, the plaintiff claimed that Erik's professional client was responsible, in part, for an alleged improper mortgage being recorded. Erik was able to convince counsel for the plaintiff that his client had no liability for the alleged damages. Counsel agreed and dismissed Erik's client prior to having to file an answer.
TOM REARDON APPOINTED TO THE NEW JERSEY MOTOR TRUCK ASSOCIATION BOARD OF DIRECTORS -- Reardon Anderson, LLC is pleased to announce that Tom Reardon has been appointed to serve on the Board of Directors for the New Jersey Motor Truck Association. Tom has been active with NJMTA for a number of years working with the organization to promote and protect the trucking industry. The NJMTA was established in 1914 and has continually worked to represent the needs of the trucking community.
DEFENSE VERDICT – fall down accident -- Reardon Anderson, LLC successfully obtained a defense verdict on behalf of its hospitality client. In this matter, plaintiff alleged to have tripped and fallen resulting in a broken hip requiring surgery and $153,000 in medical bills. The jury found no liability against Reardon Anderson, LLC's client.
DISMISSAL WITH PREJUDICE – Transportation/Insurance Coverage -- Reardon Anderson, LLC was successful in having its NTL carrier dismissed via summary judgment in a UIM Subrogation claim.
DISMISSAL WITH PREJUDICE – construction accident -- Reardon Anderson, LLC was successful in obtaining a dismissal of its client/developer of a property upon which an individual claimed personal injuries arising from a construction site accident.
INDEMNIFICATION DEMAND ACCPETED – construction accident/insurance coverage -- Reardon Anderson, LLC was successful in having its general contractor client's defense and indemnification taken over by the carrier of a subcontractor. The carrier which took over the defense reimbursed our client's carrier for costs and fees incurred in defending the action.
DISMISSAL WITH PREJUDICE -- Transportation/Insurance coverage -- Reardon Anderson, LLC was successful in having its NTL carrier dismissed via summary judgment in a PIP reimbursement claim in which plaintiff was looking to recovery $350,000.
DISMISSAL OF ACTION -- commercial litigation/construction/federal practice -- Reardon Anderson, LLC was successful in having plaintiff's complaint filed in the NJ District Court against its out of state client dismissed and transferred to the district court in which their client is based. This matter involved a contractual dispute arising out of a project which took place in Minnesota.
APPELLATE PRACTICE -- Reardon Anderson, LLC was successful in convincing the Appellate Division to deny a co-defendant's motion for leave to appeal a denial of their motion for summary judgment based on a Statute of Limitations Argument. This matter arose out of a construction site accident.
NO CAUSE - Trip and Fall Accident -- Tom Reardon obtained a no cause of action on behalf of his client in a matter which was tried before a jury in Newark, New Jersey. Plaintiff had filed suit alleging that Mr. Reardon’s client was negligent due to having steps on its premises which violated building codes. As a result of the fall, plaintiff suffered a fractured hip which required open reduction internal fixation. Approximately one year after the accident, plaintiff alleged that a pain shot down her leg causing her to fall resulting in a Tibia/fibula fracture requiring an additional open reduction internal fixation. Plaintiff’s total medical bills of $153,000 were presented by the plaintiff to the jury during the trial. Mr. Reardon was successful in arguing that the plaintiff’s expert cited alleged violations of the Uniform Construction Code which were not in effect at the time that the stairs in question were built. Ultimately, the jury returned a no cause of action on behalf of Mr. Reardon’s client.
INDEMNIFICATION DEMAND ACCEPTED -- Trucking -- Erik Anderson was successful in having the insurance company of a motor carrier accept the defense and indemnification of his client in a multiple plaintiff personal injury case. Mr. Anderson’s client was a truck driver involved in an accident while operating under dispatch. The motor carrier’s insurance company refused to accept a tender made on behalf of Mr. Anderson’s client at the start of the litigation. Upon the conclusion of discovery, Mr. Anderson was successful in having the motor carrier’s insurance company agree to defend and indemnify his client. The insurance company for the motor carrier also agreed to pay Mr. Anderson’s insurance company for all fees and costs associated with defending the matter from the tender up to taking over the defense.
NO CAUSE – Slip and Fall Accident -- Tom Reardon was successful in obtaining a no cause of action on behalf of his client. This matter was tried before a jury in Middlesex County. In this matter, plaintiff alleged to have slipped and fallen on liquid which had been spilled onto the floor. As a result of the fall, plaintiff suffered a compression fracture of his back and a fracture of his thumb. During the trial, Mr. Reardon argued that all reasonable actions were taken to warn patrons of the spill by attempting to cordon off the area of the spill. Plaintiff’s demand before the trial was $60,000. The jury returned a verdict of no cause of action on behalf of Mr. Reardon’s client.
DISMISSAL WITH PREJUDICE – Property Damage -- Erik Anderson was successful in having the plaintiff in a lawsuit involving alleged property damage agree to dismiss his client with prejudice. Plaintiff purchased a new home located on a peninsula in Atlantic City. After closing, plaintiff claimed that he discovered that the street in front of his new house flooded making it inaccessible on a number of occasions. Plaintiff contended that Mr. Anderson’s client, who owned a marina across the street, negligently maintained its bulkhead contributing to the flooding of the street. In this action, plaintiff was seeking rescission of the $1 million contract for the purchase of his house or money for damages sustained by the floods and for his inconvenience. Plaintiff ultimately agreed to dismiss its case against Mr. Anderson’s client and proceed against the remaining defendants.
NO CAUSE – Slip and Fall Accident -- Tom Reardon was successful in obtaining a no cause of action on behalf of his client in connection with a lawsuit brought by a plaintiff alleging to have slipped and fallen on water. As a result of this fall, plaintiff suffered a fractured hip requiring open reduction internal fixation. Plaintiff underwent rehabilitation for four months and had total medical bills of $110,000. On behalf of the defense, Mr. Reardon argued that the plaintiff was bumped into by another patron resulting in the fall. The jury accepted Mr. Reardon’s version of the accident and returned a no cause of action on behalf of his client.
DISMISSAL WITH PREJUDICE – Professional Negligence -- Erik Anderson was successful in having a plaintiff dismiss its claim against an attorney alleging a violation of the Fair Debt Collection Practices Act. In this Federal action, plaintiff alleged that Mr. Anderson’s client violated the FDCPA in attempting to collect a debt owed to a credit card company. Mr. Anderson’s client was dismissed with prejudice from the action by the plaintiff.