Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

Newark, N.J. (December 31, 2024) - Days after obtaining an Appellate Division victory affirming a “no cause” jury verdict, Newark Partner Afsha Noran and Managing Partner Colin Hackett obtained a second appellate court victory affirming a trial court's dismissal of a complaint against another firm client, a general contractor.

The team had previously obtained summary judgment at the trial level on the grounds plaintiff could not establish a prima facie case against the client. The plaintiff appealed the grant of summary judgment and dismissal of her claim to the Appellate Division.

On appeal, the plaintiff argued that the client-defendant was negligent in maintaining a construction site, which led to her suffering an injury. She claimed that loose asphalt and lack of proper warning signs caused her to fall. The Lewis Brisbois trial team argued in both courts that the plaintiff failed to establish a prima facie case of negligence, as she did not provide expert testimony to explain the standard of care and breach thereof by the defendant.

The appellate court affirmed the trial court's decision, agreeing that expert testimony was necessary to establish the standard of care in this complex road resurfacing project. The Appellate Division distinguished this case from simpler negligence cases where common knowledge suffices to determine liability. The court emphasized the technical nature of the road resurfacing process, which involved multiple parties and specialized procedures, necessitating expert testimony to establish negligence.