Aug 18 2016

Courtroom Success 2016-24: Morrison Mahoney Partner Christopher Martin & Associate Seth Garrod

Morrison Mahoney Partner Christopher Martin and Associate Seth Garrod obtained a decision by the Superior Court Appellate Division that affirmed the trial court's dismissal of plaintiff's complaint alleging environmental and toxic tort claims. The plaintiff claimed that our commercial property landowner negligently and in violation of statutes and by nuisance allowed toxic fumes from an adjoining commercial business to infiltrate residential units. The appellate panel determined that the plaintiff could not prove the elements of negligence in terms of a breach of duty. As to nuisance and strict liability statutory violations, the panel further found that the plaintiff as a matter of law did not establish causation to be able to prevail in her action. The dismissal with prejudice was affirmed on all counts.

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