Significant Cases
Wrongful Death Dismissed With Prejudice in Newark
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark…
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark dismissed the wrongful death and survivorship claims of the estate of a decedent construction worker who died following an electrocution event at a New Jersey jobsite.
Our client was the general contractor and developer of a new large residential construction project. Plaintiff’s decedent was an employee of a subcontractor. Plaintiff’s decedent was working with a team to lift aluminum scaffolding poles (~25′ tall) when a heavy gust of wind caused the pole to come into contact with nearby powerlines, causing an electrocution event. Two workers died and another was injured.
During the course of discovery and after obtaining documents from the local Surrogate Court, it became apparent that there was an issue with the purported administrator of the estate. Plaintiff initially filed the Complaint under the authority of decedent’s mother; however, decedent had left behind two children. Thus, decedent’s mother was barred from acting as administratrix for the estate. Plaintiff moved to amend to add the children’s mother as administratrix, however, under New Jersey law, the amendment cannot relate back to the original complaint because that complaint is/was deemed to be a legal nullity. Judge Lynott agreed with our arguments and determined that the original complaint was a nullity and that by the time plaintiff moved to amend, the statute of limitations had run, and the amended complaint was time barred. Therefore, Judge Lynott dismissed this plaintiff’s wrongful death claim with prejudice.
Of importance, the demand for this claim likely would have been between $7MM -$9MM.
Professionals
More Successes
More Successes
Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida
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