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.
Sweeney & Sheehan partner Louis J. Vogel, Jr. recently obtained summary judgment on behalf of a licensed optometrist and his practice for claims of professional and medical negligence in the New Jersey Superior Court, Law Division, Essex County. Plaintiff alleged that the defendants deviated from the standard of care in diagnosing and treating a retinal detachment, resulting in permanent vision loss, multiple surgical interventions and substantial loss of income. After briefing and argument, the Court agreed with the defendants that the plaintiff had failed to meet their burden of proof.
At the Defense Research Institute 2022 Annual Meeting in Philadelphia, Sweeney & Sheehan Partner Patrick Sweeney was named President–Elect of the organization. With more than 16,000 members, DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation.
On December 9, 2022, the Superior Court of New Jersey Appellate Division affirmed a summary judgment order obtained in Hunterdon County by Sweeney & Sheehan Partner Michael Kunsch in favor of a restaurant franchisee. Plaintiffs alleged they sustained injuries when a sinkhole developed under their vehicle while they were exiting the drive-thru. The Appellate Division agreed with the trial court that there was no evidence that the condition existed before the incident or that the defendant had notice of the alleged dangerous condition.
Sweeney & Sheehan Partner Elizabeth Dalberth has been named founder and chair of the new Cannabis Law Committee of the New Jersey Defense Association. The Cannabis Law Committee will address the new and quickly-changing law relating to cannabis, from start-up to sale. It will focus on myriad of issues pertinent to the industry, including licensing, regulation, banking and finance, insurance, employment and litigation. Its diverse membership enhances the ability to address topics of interest through seminars and publications, and to expand its reach beyond New Jersey. Ms. Dalberth also founded and chairs the Cannabis Law Committee for the Camden County Bar Association, and is a member of the Cannabis Law Committee of the Philadelphia Bar Association.
On August 11-12, 2022, Sweeney & Sheehan Associate Brett Feldman attended the USLAW NETWORK Trucking Boot Camp at Werner Enterprises in Omaha, Nebraska. This was an intensive two day conference regarding the trucking industry and transportation law and included hands-on experience with tractor trailers and direct contact with those who work with motor carriers and law enforcement.
Sweeney & Sheehan Partner Robyn Farrell McGrath recently represented a commercial property owner and received a compulsory non-suit at the end of the Plaintiff’s case in a premises liability action tried in the Philadelphia County Court of Common Pleas. The 51 year old Plaintiff had suffered bilateral lower extremity fractures after falling from a 16’ extension ladder and was claiming permanent disability as a result of his injuries. Plaintiff sued both a tenant and the property owner, arguing that the property owner reserved control over portions of the leased spaced where the accident occurred and over the ladder in question. After three days of trial, the Court agreed that the property owner owed no duty to the Plaintiff under the circumstances presented in the case and granted a non-suit to the property owner. The trial proceeded against the co-defendant tenant to a Plaintiff’s verdict.