On September 27th, Partner J. Michael Kunsch was a facilitator at the 2024 USLAW Network Fall Client Conference in a lively session titled, Critical Succession Planning for Key 30(b)(6) Witnesses. The discussion focused on best practices for selecting, managing and training 30(b)(6) witnesses to ensure effective representation of an organization’s interests and the importance of succession planning as a critical element of the process.
On September 17th 2024, Partner Neal Thakkar obtained summary judgment in a Passaic County, NJ premises liability case where he represented a retailer and landlord in a case arising out of a slip and fall on detergent spilled by another customer. At her deposition, the plaintiff admitted that the spill appeared undisturbed save for her own cart track running through it, and she did not know how the spill occurred or how long it was present. The Defendants argued that the plaintiff was unable to establish actual or constructive notice of the spill and that the mode of operation exception was inapplicable since detergent was sold only in sealed containers not intended to be opened in the store. Plaintiff conceded that she could not prove notice, but argued that the mode of operation exception applies wherever customers are permitted to handle products that, if spilled, can create a slipping hazard. The Court rejected Plaintiff’s argument and entered judgment for the Defendants.
On July 13th, Sweeney & Sheehan Partner Denise Montgomery obtained partial summary judgment in favor of a concrete subcontractor in the Superior Court of Bergen County, New Jersey. The Court dismissed the general contractor’s cross claim against the subcontractor which sought contractual defense and indemnity. The Court held that the contract was subject to New York law, and pursuant to the General Obligations Law, Section 5-322.1 (agreements exempting owners and contractors from liability for negligence void and unenforceable) could not be enforced against a subcontractor who was a named defendant. General Obligations Law, Section 5-322.1 contemplates full, rather than partial indemnification. Because both the general contractor and subcontractor were named defendants, each would be subject to a determination of liability. The general contractor could not pass its individual liability to the subcontractor, and the subcontractor’s liability would never be assessed against the general contractor. Accordingly, the contract’s provision for defense and additional insurance were deemed void as the general contractor was required to defend itself individually and would be responsible for its own negligence.
On September 20th, 2024, Partner Elizabeth A. Dalberth presented at the Philadelphia Bar Association’s Bench-Bar Conference on a panel for the Business Law Section, My Business is Your Business: Hot Issues in Business and Transactional Practice that EVERY Lawyer Should Know!
On September 12th, Partner Frank Gattuso was a facilitator at the 2024 USLAW Network Retail and Hospitality Industry Executive Risk Forum in a session titled, Human Factors Unleashed: Engage, Explore, Evolve explaining what “human factors” really means and exploring ways to utilize such investigations defending cases.
Gillian Southworth joins the firm as an associate. Gillian’s practice focuses in the areas of premises liability, construction, and general liability. Prior to joining the firm, Gillian worked at an insurance defense firm defending medical malpractice and premises liability matters. Additionally, she clerked at a firm conducting research for client matters related to family law, real estate, and consumer rights.
Anthony J. Ryan joins the firm as an associate. Tony’s focus includes construction defect cases, representing general contractors and subcontractors, automobile liability, product liability and general liability. Additionally, Tony has handled mass tort, toxic tort, product liability and multi-district litigation. His legal experience spans arbitrations, jury trials and appellate practices. Before pursuing his legal career, Tony worked as an engineer in various disciplines for a major oil company.
On August 9th and 16th, 2024, Elizabeth A. Dalberth obtained summary judgment with prejudice on two separate motions for summary judgment in a case where two co-defendant companies posited throughout the litigation that they were in a parent/subsidiary relationship and thus were both subject to an indemnification provision that included “affiliates” in a contract that only one of the companies had executed and entered into with the plaintiff’s employer and our client. The Court held that there was no evidence showing that both companies were parties to the contract, and there was no evidence showing a subsidiary or affiliate relationship. The Court opined that even if there was, a parent and subsidiary company are seen as separate legal entities. The Court also held that the indemnification provision was unenforceable for lack of specificity involving the waiver of protections and immunities afforded under the Workers’ Compensation Act and the failure to include any language speaking to the the employer’s own employees.
On September 24, 2024, Partner Elizabeth A. Dalberth co-moderated an informative NJ & NY CLE webinar for the New Jersey Defense Association entitled Crash, Fall, Cha-Ching – Using Experts to Defend BI Claims.
Matthew R. Dellinger joins the firm as an associate. Matt will focus his practice in the areas of retail and hospitality, transportation and general liability. Prior to joining Sweeney & Sheehan, Matt clerked for the Honorable Robert P. Becker Jr. (Ret.) in Gloucester County Superior Court’s Chancery Division. Following his clerkship, Matt worked at a transactional and litigation firm and for the Superior Court of New Jersey Clerk’s Office.
Partners Frank Gattuso and Neal Thakkar were reappointed for 2024-25 as Honorary Officers of the South Jersey Claims Association. Frank will continue as the Director of Legal Affairs and Neal as a co-director of continuing education.