Verdict 2014-15: Parsippany Partner Christopher Martin

Partner Christopher Martin obtained a defense verdict in the Superior Court of New Jersey, Middlesex County. The case involved a claim of negligent maintenance and repair of a laundry facility as part of a large commercial apartment complex. The plaintiff claimed to have slipped on water leaking from a washing machine resulting in both left ankle and left knee surgeries and a permanent limp. Plaintiff and a friend were the only eye witnesses to the event and plaintiff was somewhat of a sympathetic witness. The defendant’s representative had limited records and ability to show maintenance practices and procedures. However, as first discovery and then trial testimony unfolded the version of the event became cloudy and at closing multiple reasons for the accident could be pointed to which put into question how the accident occurred. In this plaintiff friendly venue with a plaintiff friendly judge the jury was charged with mode of operation which can eliminate any notice burden on a plaintiff and was not applicable in this case. Despite this appealable error the jury came back in response to the very first question: Was the defendant negligent? Answer “No.”