News & happenings

In September 2024, Diana R. Brocco and Antonio (Vinnie) Sorrentino prevailed on summary judgment in a winter-weather premises-liability case. 

The claimant alleged that she slipped and fell on ice at one of K/M’s client’s commercial properties.   Diana and Vinnie were able to establish that there was an active snowstorm on the date of the subject incident and therefore,  K/M’s client had no duty to perform snow-and-ice remediation operations under New Jersey’s Ongoing Storm Rule.   Diana and Vinnie also demonstrated that none of the Ongoing Storm Rule’s exceptions applied, and K/M’s client was not liable for any actionable negligence.  The Court concurred with K/M’s arguments and dismissed all claims accordingly.  

For more information, please contact Diana Brocco or Vinnie Sorrentino. 

“In February 2024, Sean P. Hart, a shareholder in K/M’s Cherry Hill office, won summary judgment on behalf of K/M’s clients in a Burlington County personal injury action. Plaintiff had alleged injuries as a result of a trip and fall accident on a sidewalk abutting the clients’ residence.

Mr. Hart successfully argued before the trial court that K/M’s clients had no legal duty to maintain or repair the sidewalk abutting their residence under the facts of the case and he obtained a complete dismissal of all claims against the clients.

For more information, please contact Sean P. Hart.”

“Denis P. McBride and Sean P. Hart, shareholders in K/M’s Cherry Hill office, recently obtained a defense verdict on behalf of a national casino and gaming client after a multi-day trial in Atlantic City, NJ.

Plaintiff alleged injuries as a result of a slip and fall on the client’s premises. K/M argued that there was insufficient evidence that a dangerous condition existed on its client’s premises and that the client also lacked any notice of any such condition. After a three-day jury trial in Atlantic City, NJ, the jury returned a defense verdict and a dismissal of all claims against K/M’s client.

For more information, please contact Denis P. McBride and Sean P. Hart.”

“Sean P. Hart, Esq., a shareholder in K/M’s Cherry Hill office won Summary Judgment on behalf of K/M’s client, a large casino and gaming company, in an Atlantic County slip and fall personal injury case.

Mr. Hart argued that the Plaintiff failed to prove the existence of any dangerous condition on the client’s property and that the client also had no actual or constructive notice of the alleged condition. The Court agreed with Mr. Hart’s arguments and dismissed all of Plaintiff’s claims against the client with prejudice.

For more information, please contact Sean P. Hart.”

Kent & McBride salutes our Partner and leader of the firm’s Wilmington, DE office on her selection as a 2023 Top Lawyer. This prestigious honor was bestowed on Periann by her peers and will be noted in the November edition of Delaware Today Magazine. Congratulations Periann!

Caitlin Harley and Kaitlyn Huber obtained summary judgment on behalf of K/M’s client, a construction company and driver, in an action stemming from a multi-vehicle accident on the Garden State Parkway. The basis for the motion, and ultimate dismissal, was that the plaintiffs, who were drivers of other vehicles in the chain-reaction multi-lane collision, could not prove that our clients breached a duty in regard to the accident. Thus, all claims were dismissed against K/M’s clients.

For further information, please contact Caitlin Harley and Kaitlyn Huber .

Stephen McHugh and Caitlin Harley obtained summary judgment on behalf of K/M’s clients, a real estate agent and realty company, in an action stemming from claims that plaintiff was injured when she tripped and fell on a defect at a premises listed by K/M’s clients. The basis for the motion, and ultimate dismissal, was that plaintiff could not prove that a duty was owed to her by the listing agent and agency. Plaintiff argued that the listing agent and agency were aware of the alleged defect, however, Ms. Harley argued that there was not actual or constructive knowledge of the alleged defect and that the duty owed by a listing agent is very specific and narrowly tailored.

For further information, please contact Stephen McHugh and Caitlin Harley.

KM counsel were successful in winning summary judgment in Superior Court for Camden County on behalf of its client, an individual who owned a Limited Liability Company that operated a horse farm in South Jersey. The case involved claims of serious and permanent injury to a young boy who sustained head and orthopedic injuries resulting from a fall from a horse at the client’s farm. Claims against KM’s client were that under the “Participation Theory,” recognized by New Jersey as a means of imposing personal liability on members or officers of a corporate or business entity, the client had a duty to implement and enforce safety procedures that would have prevented the accident and resulting injuries. Plaintiff also argued that even if the Court would not find that personal liability under the Participation Theory could attach, the corporate veil should be pierced since KM’s client was the sole member of the LLC and testified as to his involvement in all aspects of the business.

In moving papers and at oral argument, KM was able to convince the Judge that the Participation Theory, while described as a viable means of attaching personal liability to individual members or officers of a business entity, did not apply and could not apply to the facts at hand in the case because there was not evidence of sufficient participation by the client in the alleged commission of the tort. Similarly, the Plaintiff’s corporate veil theory was inapplicable because there had been no evidence developed to warrant this move by the Court.

For further information about this matter, please contact Jay Branderbit at 267-702-1713, or Jbranderbit@kentmcbride.com

Jay Branderbit and Caitlin Harley obtained summary judgment on behalf of K/M’s client, a public entity, in an action stemming from claims that plaintiff was injured when she tripped and fell on a transient defect at the client’s premises. The basis for the motion, and ultimate dismissal, was that plaintiff could not surmount the Title 59 injury threshold of the New Jersey Tort Claims Act. Plaintiff argued that her medical expert did establish permanent injury and limitation of function, however, K/M was able to successfully rebut this claim by demonstrating that Plaintiff’s expert simply indicated a limitation, as opposed to the requisite loss, of function.

For further information, please contact Jay Branderbit (Jbranderbit@kentmcbride.com) or Caitlin Harley (Charley@kentmcbride.com)

Jay Branderbit, a partner in K/M’s Philadelphia office, recently was a copresenter at the April 29, 2015 CLM Alliance (South Jersey chapter) Seminar, Litigating Employment Practices Liability Claims. Jay’s presentation, which was focused on ADA and FMLA claims, was given to an audience of insurance and self-insured claims professionals and attorneys. For more details about the above, please contact Jay at jbranderbit@kentmcbride.com.

Kevin Dronson and Stephen McHugh, partners in K/M’s Cherry Hill office, presented a seminar on New Jersey Personal Injury Protection (“PIP”) for a client of the firm. For more details or to discuss having a member of the firm speak to your organization, please contact Kevin at Kdronson@kentmcbride.com or Steve at Smchugh@kentmcbride.com.

Denis McBride and Stephen McHugh, partners in the Cherry Hill office presented a seminar on New Jersey UM/UIM law for a client of the firm. For more details or to discuss having a member of the firm speak to your organization, please contact Denis at Dmcbride@kentmcbride.com or Steve at Smchugh@kentmcbride.com.