A strategic defense led by Goldberg Segalla partner Rosa D. Forrester resulted in a complete dismissal for our client, a subcontractor materials supplier drawn into a premises liability action arising from an accident in New Jersey.

The plaintiff alleged that inadequate sidewalk signage near a construction area forced her onto a steep grassy embankment where she fell, causing injuries that ultimately required a total hip replacement, resulting in a projected exposure well over $1 million.

The plaintiff and her husband were taking a walk when they encountered a construction zone where cones and tape partially cordoned off a sidewalk. Rather than turn back, she stepped down onto a grassy strip between the sidewalk and street, intending to walk at street level. The grassy strip was uneven and steep, causing her to fall.

The plaintiff sued our client as well as the primary contractor (co-defendant), theorizing that had the sidewalk been marked earlier, or had more explicit “SIDEWALK CLOSED” signage been installed, she never would have traversed the grass and fallen. Although our client neither created nor controlled the sidewalk closure, the plaintiff argued that our client’s mere presence on site for approximately one hour before the incident triggered a duty to inspect and correct potential hazards.

From the outset, Rosa recognized a potential opportunity for a summary judgment defense despite New Jersey courts’ well‑known reluctance to grant such motions. So, she tailored depositions and witness preparation accordingly.

Rosa demonstrated that, as a materials supplier, our client had no authority or responsibility to determine how the general contractor cordoned off the work area. The general contractor held the contract with the municipality and therefore was the only party responsible for compliance with municipal requirements. Additionally, Rosa argued the matter falls under the Hopkins v. Fox & Lazo analysis for whether a duty is owed. Under the five factors enumerated in that case, our client could not have been found to owe a duty.

When the plaintiff submitted a detailed opposition, Rosa outlined the Hopkins factors one-by-one, explained why they all applied, and deflected the plaintiff’s misstatements of our client’s testimony, which may have made a judge believe there was a “question of fact.”

Despite New Jersey’s strict standards, the court granted summary judgment, dismissing our client from the case in full. Rosa’s early recognition of the MSJ opportunity, strategic deposition planning, and clear presentation of the Hopkins factors resulted in an efficient, decisive resolution for our client.

Rosa D. Forrester is a seasoned litigator with a robust practice focused on the defense and counseling of high-end retailers, security services providers, hotels, commercial property managers, landowners, insurers, construction contractors, and security service providers. She has extensive experience handling a broad spectrum of liability claims, including those involving premises defense, personal injury, property damage, auto negligence, construction defects, and municipal and fire code violations.