Gordon Rees Scully Mansukhani Partner Michael V. Slivjak and Associate Deanne J. Lowden successfully moved for summary judgment on all claims against their client, a family-owned business operating in Union County, New Jersey.
The plaintiff, who allegedly tripped and fell on a mislevelled concrete sidewalk/walkway, claimed permanent injuries to her cervical spine, lumbar spine, and bilateral knees, as well as rib injuries. Initially, the plaintiff and her liability expert attributed the accident entirely to the landlord defendant’s failure to inspect and maintain their own property, i.e., a common area. However, after GRSM’s client, a commercial tenant, was added to the case, both the plaintiff and the landlord revised their position, attempting to shift responsibility to GRSM’s client and its family/owners (as personal guarantors) under the commercial lease.
Slivjak and Lowden argued four separate sets of motions and cross-motions for summary judgment and reconsideration over almost ten months, repeatedly insisting that: (1) the poorly drafted commercial lease was unenforceable; (2) their client did not otherwise breach the commercial lease with respect to purchasing an insurance policy; and (3) New Jersey precedent did not justify imposing a duty on their client under the circumstances.
The court agreed, entering GRSM’s proposed order and dismissing all claims against the client with prejudice.