An assault claim filed against a security company hired by the Newark Housing Authority was dismissed in Essex County after the court ruled a guard involved in a confrontation acted lawfully.
Goldberg Segalla’s Matthew E. Selmasska, an associate in the firm’s Commercial Litigation and Arbitration practice group, successfully argued for dismissal of the case, capitalizing on the existence of a security video saved by the company capturing the incident.
The plaintiff alleged he was assaulted at a Newark apartment building by a guard employed by Goldberg Segalla’s client, who was hired to provide security on the premises. The plaintiff also claimed the company provided the guard with inadequate training.
Matt argued the video showed that the plaintiff was the aggressor, and that based on case law, the guard acted reasonably under the circumstances. Matt noted, specifically, that for an assault to occur there must be an intentional act, done with a purposeful, knowing, or reckless attempt to cause injury to another.
The video and pleadings showed no such intent on part of the guard.
The Honorable Thomas R. Vena of the Superior Court of New Jersey, Essex County Law Division, agreed and dismissed the claim against Goldberg Segalla’s client in the early pre-answer stage of litigation.