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Granted summary judgment - Saved Client $250,000
Construction Disputes
Successful in obtaining summary judgment for one our clients. The matter
involved 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.
I 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.
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Dismissed Liability
Commercial
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.
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Dismissed - Saved Client $950,000
Construction Disputes
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.
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Dismissed Liability
Insurance Defense
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.
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Dismissed Liability
Commercial
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.
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Dismissed
Insurance Defense
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.
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Dismissed
Construction Disputes
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.
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Dismissed Liability
Insurance Defense
INDEMNIFICATION DEMAND ACCEPTED
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.
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Dismissed Liability - Saved Client $350,000
Insurance Defense
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.
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Dismissed
Commercial Litigation
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.
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Succeeded
Construction Disputes
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.
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No Cause (dismissed)
Commercial
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.
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Succeeded
Commercial Truck Insurance
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.
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No Cause (dismissed)
Commercial
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.
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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.
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No Cause (dismissed)
Commercial
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.
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Dismissed
Business Litigation
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.
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