Raymond M. Brown and Christian R. Martinez Secure Win in New Jersey Superior Court Appellate Division on Behalf of the City of Newark
Pashman Stein Walder Hayden P.C. is proud to announce that Raymond M. Brown and Dillon J. McGuire, partners in the firm’s Criminal Defense practice, and Christian R. Martinez, associate in the Firm’s Litigation, Appellate Advocacy, and Securities Regulatory Enforcement & Litigation practices, recently secured a win before the New Jersey Superior Court, Appellate Division on behalf of the City of Newark.
The case involved a plaintiff who drove his tractor trailer into a railroad bridge. Plaintiff sued the City, alleging that it was negligent in not posting and maintaining signs warning drivers of the height of the bridge. A jury found the City negligent and awarded plaintiff $562,500 in damages.
On appeal, Mr. Martinez successfully argued before a three-judge panel that the City was immune from liability under the New Jersey Tort Claims Act because plaintiff had failed to present evidence that the City created the dangerous condition or that it knew or should have known that a sign warning drivers about the height of the bridge was missing, and because there was no evidence that the City acted palpably unreasonably. The Appellate Division vacated the jury’s verdict and remanded the case to the trial court with direction that plaintiff’s claims against the City be dismissed with prejudice.
Pashman Stein Walder Hayden P.C. is proud of the results it has achieved for clients. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.