In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
17May 2023

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.