Notable Wins

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Notable Win: Jaime Ortiz v. Anthony Cimino, Triple B Cleaning of New York, Inc and Justin Villalobos

Client: Justin Villalobos (Safe Auto Insurance Company/National General Insurance Company

Court: New York Supreme Court, Kings County

Trial Attorney: Alyson L. Knipe, Esq.

**Results may vary depending on your particular facts and legal circumstances**

This case involved a motor vehicle accident that occurred at the intersection of Meserole Ave and McGuiness Blvd in Brooklyn, NY on September 21, 2018.  Our client, Mr. Villalobos, was the host vehicle with Plaintiff Jamie Ortiz as his front seat passenger. The Villalobos vehicle was involved in an accident with Codefendant Cimino’s vehicle who was traveling on a cross street.  Each driver claimed to have had the green light.

In a verdict rendered on October 23, 2023, a unanimous jury found that Mr. Villalobos was not negligent for this accident, and found that Co-Defendant Cimino was 100% at fault.

Notable Win: Cawley v. Fomoco Corp.

Client: Fomoco Corp.  

Court: N.J. Superior Court

Trial Attorney: Laura D. Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff claimed that he was laid off because of his age. Defendant responded that the lay off was due to business conditions. The jury found in favor of the Defendant employer.

Notable Win: Deptuch v. City of Englewood

Client:  Garden State Municipal Joint Insurance Fund

Court: Workers’ Compensation 

Trial and Brief Attorney: Keith E. Nagy, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The petitioner, a Department Head for the City, alleged his employer was targeting him unfairly with disciplinary charges. The petitioner testified that he felt stress and nausea after reading an email regarding an investigation and a hearing with possible disciplinary action. He was admitted to the hospital and diagnosed with a heart attack.  Petitioner relied on Dr. Waller as his expert. Dr. Waller admitted that petitioner had many risk factors, including a prior heart attack, a family history of heart disease, diabetes, hypertension, and prior smoking history. Nonetheless, Dr. Waller opined that the email caused the heart attack.  Respondent presented lay witness testimony refuting the petitioner’s factual allegations. Respondent then relied upon the expert witness testimony of Dr. Murray Weinstock who testified that the petitioner was likely to have a heart attack for all of his non work related risk factors and that the work stress was not in excess of the claimant’s daily living.

The respondent argued that the petitioner failed to sustain his burden of proof pursuant to N.J.S.A. 34:15-7.2 Pursuant to the Statute, the petitioner must show evidence of a) that there was work effort and strain involving a “substantial condition,” and b) that it is in “excess of the wear and tear” of normal daily living and the work strain “in reasonable medical probability” caused the heart attack “in a material degree.”  Feltman v. Transistor Devices, Inc., 355 N.J. Super. 36, 51 (App. Div. 2002). Further, the New Jersey Supreme Court has stated that feelings of insecurity about one’s job is not “a risk arising out of the employer’s work. If such worry, about job security alone, which produces a heart seizure would establish compensability, the employer would become an insurer against such attacks.” Walck v. Johns-Manville Products Corp., 56 N.J. 533, 557 (1970).

The Honorable Michael Dillon agreed with respondent’s position that the petitioner failed to sustain his burden of proof and entered an Order dismissing the claim with prejudice.

Notable Win: Francesco Satiro v. American European Insurance Group

Client: American European Insurance Group

Court: Montgomery County Court of Common Pleas, Norristown, PA

Trial Attorney: Christopher J. Hoare, Esq.

Brief Attorney: Christina M. Dewland, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

This matter arises out of an alleged insurance coverage issue. Plaintiff, Francesco Satiro was the owner of a building located in Pottstown, PA (the “Property”).  In February 2015, Plaintiff claims that the Property suffered water damage due to “frozen pipes.” Plaintiff’s insurance company, American European Insurance Group (“AEIG”) subsequently paid Plaintiff for his property damage claim due to the frozen pipes.  AEIG informed Plaintiff in writing that it required additional documentation from Plaintiff in order to evaluate Plaintiff’s claims for lost rent and depreciation. For over 8+ years, Plaintiff had failed to provide the missing documentation necessary for any further payments to Plaintiff, despite numerous requests from AEIG and its defense counsel.  Plaintiff’s Complaint had alleged that AEIG was in breach of contract (the Policy) in regards to non-payment for Plaintiff’s depreciation/lost rental claims, as well as Plaintiff’s claims of bad faith against AEIG.

Plaintiff’s breach of contract claim and bad faith claim were bifurcated. A jury trial was held for Plaintiff’s breach of contract claim. A bench trial on Plaintiff’s remaining bad faith claim will be held later this month.

After a three day jury trial on Plaintiff’s breach of contract claim, the jury had delivered a verdict in favor of AEIG. The jury found that AEIG did not breach the terms of its insurance policy with respect to handling, payment and communications with Plaintiff. Verdict for the Defense!

Notable Win: R.P. and S.P. o/b/o J.P. v. Florence Township Board of Education and Burlington County Vocational Board of Education

Client: Florence Township Board of Education

Court:  Office of Administrative Law

Attorneys: Joseph F. Betley, Esq. and Stacey R. Gorin, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Parents of a special education student filed a lawsuit against Burlington County Institute of Technology (BCIT) and our client, Florence Board of Education. The parents dismissed their claims against Florence. However, BCIT filed a Third-Party Complaint against Florence to bring them back into the lawsuit. The Administrative Law Judge denied BCIT’s third-party complaint to bring Florence back into the case and ruled in our favor. This decision prevents our client from being engaged in an expensive due process litigation.

Notable Win: Successfully Obtained an Application for a Use Variance on Behalf of School District

Client: Haddonfield Board of Education

Entity: Haddonfield Zoning Board of Adjustment

Attorneys: Alan P. Fox, Esq. and Kelly Ann Dugan, Esq.

**Results may vary depending on your particular facts and legal circumstances**

This matter involves an application by the Haddonfield Board of Education to the Haddonfield Zoning Board of Adjustment for a use variance to repurpose a former private school to a Public school dedicated for preschool and kindergarten classes.

On August 22, 2023, via unanimous decision by the Haddonfield Zoning Board of Adjustment, our firm successfully obtained an application for a use variance on behalf of the Haddonfield Board of Education to repurpose a former private school to become a public school for the purpose of full-time preschool and kindergarten classes.

The proposed improvements will include removal of a 2-story detached structure to make room for a new playground area, more open space, and expansion of an existing parking area. Most of the renovation will be limited to the interior of the existing 2-story brick building located on Kings Highway (formerly the Kingsway Learning Center). The new child development center is proposed to open by September 2025.

The application will promote the purposes of zoning in Haddonfield since a public school is an inherently beneficial use.  This is the first time Haddonfield will offer full-time preschool — an important public benefit to the residents of Haddonfield, consistent with the state policy encouraging all school districts to offer full-time preschool classes.

The proposed development will also improve the appearance of the site, improve the exiting setbacks, and offer free bus transportation for the students, with an added benefit to minimizing the impact of existing traffic.

Notable Win: McCall v. Township of Ewing, et al.

Client: Township of Ewing, NIP Group, Garden State Municipal Joint Insurance Fund

Court: Mercer County Superior Court

Trial Attorney: Christopher J. Carlson, Esq.

Brief Attorney: Christopher J. Carlson, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff instituted suit initially bringing multiple claims against the Township of Ewing Police Department and two of its officers arising from his arrest following a domestic violence call. These included false arrest, false imprisonment, intentional infliction of emotional distress, malicious prosecution, abuse of process, and a violation of 42 U.S.C. Section 1983.  Through Motion practice, the claims were essentially whittled down to malicious prosecution.

Following extensive discovery, utilizing incident video and depositions, a thorough Motion for Summary Judgment was granted by the Court.  As Plaintiff has agreed not to appeal, this matter has now successful been closed.

Notable Win: Estate of Tori Gerstenacker v. Township of Evesham, et al.

Client: Township of Evesham

Court: Superior Court of New Jersey – Burlington County 

Brief Attorney: Edward F. Kuhn III, Esq.

**Results may vary depending on your particular facts and legal circumstances**

On September 28, 2019,  Tori Gerstenacker was a pedestrian crossing Route 70 at its intersection with Troth Road in Evesham Township when she was struck and killed by a car driven by Clay Erickson. Mr. Erickson alleges that he was traveling eastbound on Route 70 and had a green light as he was about to enter the intersection at Troth Road. He did not see Ms. Gerstenacker who was crossing Route 70 in the crosswalk but crossing against a red light.

Plaintiff’s counsel alleges that there were three overhead streetlights at the intersection that were inoperable at the time of the accident making the intersection extremely dark and creating a dangerous condition for motorists and pedestrians. Plaintiff sued numerous entities including Evesham Township and the State of New Jersey.

Route 70 is a state-owned and maintained road. The state also owned and maintained the overhead streetlights. We moved for summary judgment on behalf of Evesham Township arguing that it did not own or control either Route 70 or the overhead streetlights. Plaintiff argued that Evesham Township should have been on notice of the inoperable streetlights because of the number of times its police officers travel through that intersection daily.

The court granted our summary judgment holding that Evesham Township cannot be held liable under the Tort Claims Act when it does not own or control any of the property in question unless it had actual notice of the inoperable streetlights and failed to provide proper warnings. There was no evidence that Eveshsam Township had any notice of the inoperable streetlights and summary judgment was granted.

Notable Win: R.G. o/b/o R.G. v. Florence Township Board of Education

Client: Florence Township Board of Education 

Court: Office of Administration Law

Trial Attorneys: Joseph F. Betley, Esq. and Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A parent of a preschool student eligible for special education services, filed a due process petition contending the District denied a free and appropriate education (FAPE) as required under the IDEA because speech therapy was not part of the student’s IEPs. The matter was transferred to the OAL as a contested case.

After testimony and considerable evaluation, the Administrative Law Judge (ALJ) determined that the student was not eligible for speech therapy. The District implemented a program and placement that was reasonably calculated to provide the student with significant learning and meaningful educational benefits considering his individual needs and potential. The ALJ denied the parent’s request that the District provide speech therapy and dismissed the due process petition.

Notable Win: Craig v. State of New Jersey, et al.

Client: Captain Robert Forrester and Lieutenant Orlando Ramos of the New Jersey State Police

Court: New Jersey Superior Court, Law Division – Mercer County

Trial Attorney: Betsy G. Ramos, Esq. 

Brief Attorney: Patrick J. Graham, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff, a Sergeant First Class with the New Jersey State Police, filed a Complaint alleging that he was subject to retaliation for his claimed refusal to obey an order to discriminate against a subordinate State Police Sergeant on the basis of that Sergeant’s ethnicity. Specifically, Plaintiff contended that Captain Robert Forrester and Lieutenant Orlando Ramos, among other defendants, played vital roles in retaliating against him, preventing his promotion to Lieutenant and ultimately having him transferred for the alleged refusal to cooperate in discriminating against a subordinate Hispanic Sergeant.

After reviewing the moving papers and considering the arguments of counsel, the Court granted Summary Judgment in favor of both Captain Forrester and Lieutenant Ramos.

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