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Aggressive Motion Practice Leads to Early Dismissal of Plaintiff’s Claims Against National Hotel Chain

Case Study

Aggressive Motion Practice Leads to Early Dismissal of Plaintiff’s Claims Against National Hotel Chain

August 28, 2019
John M. McConnell

In the Superior Court of New Jersey, Hudson County, savvy discovery tactics secured a dismissal with prejudice in favor of a major national hotel and property management company facing a premises liability suit. Delivered in the earliest stages of litigation, the dismissal saved the client significant legal fees and costs.

A patron claimed she sustained injuries from a slip and fall on the premises of a restaurant in a Jersey City hotel. The plaintiff demanded $50,000 for injuries allegedly suffered in the accident. To investigate the plaintiff’s claims, Goldberg Segalla’s defense team—led by partner John M. McConnell with assistance from Chimdi G. Tuffs, Earyn J. Edwards, and David J. Coppola—served very thorough demands for discovery, evidence, and information to the plaintiff. The plaintiff provided some, but not all of the discovery requested. Because of this, in the very early stages of litigation—even before depositions—Goldberg Segalla’s team made a successful motion for dismissal of the plaintiff’s complaint, without prejudice.

With that first motion granted, the team waited until the plaintiff had failed to provide the balance of the discovery, then promptly made a motion for a dismissal of the complaint with prejudice, and ultimately moved for dismissal of all claims against our clients. This deft and timely maneuvering secured our client’s complete dismissal early, keeping legal fees and costs to a minimum.


More about Goldberg Segalla’s General Liability practice:

With a roster stacked with seasoned litigators and nationally recognized authorities in several critical legal disciplines, Goldberg Segalla brings exceptional strength and savvy to the defense of a wide range of liability claims. Our attorneys have a wealth of experience defending companies of all sizes in various industries, along with municipalities, school districts, and other public entities, in a broad spectrum of matters—including premises liability, property damage, security, automobile liability, construction accidents, civil rights, and dram shop claims.