Aug 31 2016

Courtroom Success 2016-28: Morrison Mahoney Partner Neil Tortora & Associate Kohar Boyadjian

Morrison Mahoney Partner Neil Tortora and Associate Kohar Boyadjian obtained a dismissal with prejudice under New Jersey’s Entire Controversy Doctrine. The plaintiff suffered significant injuries in an automobile accident and filed suit against the driver. The driver settled with a limited insurance policy. The plaintiff then filed suit against our client, a large commercial shopping center, and a snow plow company, alleging that maintenance issues were a proximate cause of the automobile accident. Our client moved to join the settling party and concurrently moved to dismiss with prejudice under the Entire Controversy Doctrine. The court found that the Entire Controversy Doctrine's purpose—to avoid piecemeal litigation—was violated as the settling party could not be joined in this second case and thus the claims against our client were dismissed with prejudice.

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