On July 9, 2025, the New Jersey Superior Court granted summary judgment in favor of OS’s client, a commercial property owner in Trenton. The plaintiff alleged she sustained injuries during a fall in an alleyway between the Firm’s client’s property and an adjacent property. The plaintiff underwent lumbar fusion surgery, multiple pain management procedures to her cervical and lumbar spine, and knee surgery. In addition to damages for pain and suffering, the plaintiff sought more than $1,000,000 for her outstanding medical bills.
On the eve of the discovery end date, while the plaintiff moved to amend her Complaint to name the proper property owner, OS cross-moved for summary judgment, arguing that its client had no duty to the plaintiff because it did not own or control the area where she fell. To support the motion, OS was able to obtain a video of plaintiff’s fall and retained a land surveyor expert who determined that the plaintiff fell outside of the Firm’s client’s property line. Based on this irrefutable evidence, the Court granted the motion for summary judgment, finding no competent, material evidence indicating that the plaintiff fell in an area owned or controlled by the Firm’s client.
This decision demonstrates the importance of properly evaluating matters and pursuing critical discovery at the outset to determine whether liability defenses are available that might allow a client to prevail on summary judgment, even when there are significant potential damages.
Results may vary depending on your particular facts and legal circumstances.
About O’Toole Scrivo, LLC
We are a carefully crafted mid-sized law firm of recognized subject matter experts practicing primarily in New York and New Jersey. We combine large-firm expertise with small-firm attention to client needs, representing businesses, insurance companies, and government entities. We are committed to delivering creative and timely results for the most high-profile and complex matters.
