Eckell Obtains Dismissal of All Claims through Motion for Summary Judgment

Lee Eckell obtained a dismissal on behalf of a large residential homebuilder in a construction accident case in Essex County, NJ.  Plaintiff, an employee of a subcontractor’s vendor, tripped and fell while delivering drywall to a home under construction.  Plaintiff alleged a significant knee injury as a result of the fall.  Plaintiff sued Eckell’s client, the developer of the project, along with multiple subcontractors.  Liability was hotly contested during discovery.  At the close of discovery, Eckell filed a Motion for Summary Judgment arguing, among other things, that the client did not owe Plaintiff a duty of care under New Jersey law and that Plaintiff failed to issue an expert report outlining whether the client breached a duty of care.  After significant briefing by the parties and oral argument, an Essex County Judge dismissed all claims against Eckell’s client.