Goldberg Segalla’s John M. McConnell and Courtney E. Darmofal, partners in the firm’s Princeton office, along with attorney Cameron L. McIver, successfully defended a security company in a complex workplace injury matter, ultimately securing dismissal of all claims and cross-claims after more than four years of litigation.

In 2022, the plaintiff filed claims in the Superior Court of New Jersey, Middlesex County, alleging that our client acted recklessly and was grossly negligent in failing to provide proper safety equipment and a safety program at a construction site. The plaintiff, an employee, claimed he sustained permanent injuries after falling from a ladder and further alleged violations of state and federal laws, including OSHA guidelines. The complaint also asserted that our client knowingly and intentionally caused the injuries.

From the outset, our attorneys pursued a strategy focused on narrowing the claims and leveraging applicable statutory protections. In 2023, the team filed a motion to dismiss the intentional and reckless claims under the New Jersey Worker’s Compensation Act. As a result, the plaintiff agreed to dismiss those claims without prejudice, streamlining the case early in the litigation.

During the same period, our client also moved to dismiss contractual indemnity, contribution, and common law indemnity cross-claims asserted by a co-defendant general contractor, which alleged that our client owed both a defense and indemnification. Despite extensive oral argument and opposition, the court denied the motion, and the matter proceeded to discovery.

Over the course of nearly 1,000 days, our attorneys remained focused on building a detailed factual record. The team defended numerous depositions and conducted extensive discovery to challenge the co-defendant’s claims.

Armed with that record, in 2026, our attorneys filed a renewed dispositive motion to dismiss the cross-claims. The court granted the motion, finding no basis for contractual or common law indemnity or contribution.

Persistence and disciplined discovery were critical to the outcome. Through detailed document analysis and testimony, the team demonstrated that our client had no written contract with the general contractor requiring it to provide indemnification or a defense. Additionally, because our client was the plaintiff’s employer, the New Jersey Worker’s Compensation Act barred certain claims, precluding our client from being considered a joint tortfeasor under the New Jersey Comparative Negligence Act.

The court’s decision resulted in complete dismissal of the cross-claims on the merits.

This result underscores how employers can use early motion practice to address unsupported intentional tort claims and, through careful and persistent discovery efforts, position themselves to eliminate extraneous cross-claims as a case develops.

John M. McConnell serves as co-chair of the firm’s Business and Commercial group, is a trusted counselor to Fortune 500 companies and other publicly traded corporations. He is renowned for his record of success in high-stakes litigation and his acumen in motion practice and trial advocacy. He is licensed in Pennsylvania and New Jersey.

Courtney E. Darmofal is a partner in the Princeton office and a member of the firm’s Commercial and Real Estate Group, Real Estate and Title Litigation Group, and Retail and Hospitality Group. She specializes in defending small businesses, large retailers, and lenders, in complex, multi-party actions including wrongful death, negligence, and fraud claims. Courtney is a full member of the Zoning Board of Adjustment for the Township of Cranbury, has participated as a judge in Princeton’s Mock Trial program, and was also named as a New Jersey Super Lawyer, Rising Star in 2025 and 2026.

Cameron L. McIver focuses his legal practice on matters involving complex commercial litigation, multifaceted insurance issues, as well as business transactions. He is licensed in Pennsylvania and New Jersey.