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.

On July 15, 2022, Sweeney & Sheehan Partner Michael Kunsch won a unanimous defense verdict in a product liability case following a 4 day jury trial in the Eastern District of Pennsylvania. The Plaintiff sustained injuries after falling from a steel rolling tower scaffold in the course of his employment as a union carpenter. At trial, Plaintiff pursued a consumer expectations theory of design defect against the distributor of the scaffold.

Sweeney & Sheehan Partner Lou Vogel secured a defense verdict in a damages only trial arising from a commercial vehicle motor vehicle accident in Ocean County, New Jersey.  Plaintiff’s post-accident treatment included 4 lumbar injections and lumbar fusion, followed by additional injections, medial branch blocks, and radio frequency ablation. In addition, she has an additional rhizotomy scheduled. Plaintiff’s demand was $1,000,000. The Jury awarded no damages.

On April 29, 2022, Sweeney & Sheehan Partner Denise Montgomery co-presented a webinar for the Pennsylvania Defense Institute, “The State of Affairs of the Pennsylvania Fair Share Act Post Spencer v. Johnson.”