In a significant legal victory for Segal McCambridge, the court granted our Motion for Summary Judgment, leading to the dismissal of Plaintiff’s complaint. The case arose from an incident on October 5, 2021, when Plaintiff, while rushing to enter our client’s store in Wayne, New Jersey, collided with the store's glass façade, resulting in personal injuries.
Our legal team, lead by Senior Associate Jeffrey Marchese, successfully argued that the incident was solely due to Plaintiff’s own negligence and inattention. We presented evidence, including surveillance footage, which showed Plaintiff rushing into the store as it was closing. We maintained that the glass facade was clearly visible, compliant with all relevant building codes, and that there were no prior incidents or complaints about the glass façade being hazardous.
Furthermore, our liability expert testified that the glass was appropriately marked and posed no danger to a reasonably attentive person. Contrarily, Plaintiffs' expert was criticized for relying on outdated and inapplicable statutes and for not conducting a proper inspection or analysis of the scene.
The court found no genuine issue of material fact regarding our client’s compliance with safety standards and dismissed claims that our client had constructive or actual notice of any dangerous condition. The decision underscores the importance of proper evidence and expert testimony in premises liability cases, ultimately vindicating our client from liability in this matter.