On August 24th, 2023, Partner Frank Gattuso presented on a panel for the USLAW, 2023 Retail and Hospitality Forum “Passing the Buck – Strategies for Drafting Effective Contractual Language Relating to Tender, Defense, and Indemnification Obligations.“
Sweeney & Sheehan Partner Elizabeth Dalberth authored an article, Cannabis Insurance: Coverage and Considerations, published in the Summer 2023 edition of the USLAW Magazine. The article is available at the following link: Summer 2023 USLAW Magazine
Congratulations to Partner Denise Montgomery on being elected Secretary for the Pennsylvania Defense Institute August 2023 through August 2024. Pennsylvania Defense Institute (PDI) membership includes lawyers, executives of insurance companies, self-insurers, and independent adjusters from across the State.
On August 7, 2023, Sweeney & Sheehan Partner Denise Montgomery obtained Summary Judgment on behalf of an excavating company named as an Additional Defendant in a construction defect action initiated by a condominium association against a developer in Montgomery County (Pennsylvania). The claim arose from the construction of 387 condominium units in three multi-story buildings. The excavating company performed multiple scopes of work related to the project, however the developer’s Joinder Complaint only asserted claims for breach of contract, negligent construction, and failure to procure insurance relating to the installation of sidewalks. The developer failed to produce an expert report regarding sidewalks, but opposed the motion and sought leave to amend to include claims for non-sidewalk work completed by the excavating company. The Court held that (1) the claim was limited to the allegations regarding sidewalks; (2) the record of devoid of any expert opinion to support that claim; and (3) dismissed all claims for defect sidewalks asserted against the excavation contractor.
On June 23, 2023 Partner Guy Mercogliano prevailed on an appeal to reinstate a counterclaim in Superior Court of New Jersey against a dog owner by a dog training school that sold the dog to its present owner. The ruling clarifies that parental immunity does not apply to claims under the dog-bite statute. Defendant argued that the victim’s parents and third-party defendant are liable for the injuries suffered by their son after he was attacked by their family dog, which they adopted from the dog training school. The Appellate division concurred and reversed the lower Court’s ruling dismissing the counterclaim and third-party claim.
On June 9, 2023, Sweeney & Sheehan Partner Denise Montgomery obtained a dismissal with prejudice of a construction defect action filed in Ocean County (New Jersey) against a contractor arising from the construction of a single-family home. Plaintiff asserted causes of action including negligence, breach of express and implied warranties, common law fraud and violations of the New Jersey CFA. It was revealed during dispositive motions that Plaintiff, a foreign limited partnership, failed to obtain a certificate of authority to transact business in New Jersey pursuant to N.S. Stat. § 42:2A-60, a prerequisite to maintaining an action. The Court agreed that the limited partnership, formed in 2003 for investing and the development of real estate, transacted business in the State by virtue of buying and developing the property and utilizing the property as corporate headquarters for another entity operated by the managing partner.
We proudly welcome Diane Lee Newman as a Partner at Sweeney & Sheehan. Lee joins us with more than 20 years of experience in workers’ compensation. In addition, she has served as dedicated counsel where she defended claims involving both workers’ compensation and employment related litigation, often involving the same claimant.
On May 17, 2023 Sweeney & Sheehan Partner Denise Montgomery obtained Summary Judgment in Atlantic County (New Jersey) Superior Court in favor of a contractor who installed pilings for a new home in Margate, New Jersey. Defendant argued that the work was monitored and documented to meet the standards set forth in NJAC 12:160 and that the pile driving is not an abnormally dangerous activity under State or Maritime law. The Court held that lay witnesses could not testify that they experienced “excessive vibrations,” and also barred the opinion of the Plaintiffs’ expert as a Net Opinion pursuant to R. 703.
On April 20, 2023 Sweeney & Sheehan Partner Denise Montgomery obtained a dismissal with prejudice of a subrogation action filed in Bergen County (New Jersey) Superior Court against an entity which designed and installed shoring in a residential garage that collapsed during the project. The Defendant filed a motion to dismiss based upon the doctrine of Res Judicata and a violation of the entire controversy doctrine. Following argument, the Court determined that a counterclaim filed by the homeowner/insured resulted in a full and complete adjudication of claims arising out of the Defendant’s work on the project, and failure of the homeowner to advise its insurer of the prior litigation did not bar dismissal of the litigation.
Sweeney & Sheehan is pleased to announce Phil Castagna has joined the firm. Phil has over twenty years of experience focusing his practice in the areas of construction law, professional liability, premises liability, automotive and general civil litigation. He has represented major builders, contractors, product manufacturers, retailers and freight haulers. Phil graduated from Villanova and is an avid golfer.
On February 3, 2023, Sweeney & Sheehan Partners Christopher O’Connell and Frank Gattuso won a defense verdict on behalf of their Retail & Hospitality client after a week-long jury trial in Atlantic County (New Jersey) Superior Court. The Plaintiff alleged she was injured when she slipped and fell due to improperly maintained floors adjacent to a buffet. The defense presented evidence that Plaintiff created the condition she eventually fell on. The jury also heard extensive evidence of prior and subsequent accidents related to the injuries the Plaintiff alleged were caused by the fall. The jury of 8 rendered a verdict of no cause in favor of the Defendant.