GREG MALLON OBTAINS EARLY DISMISSAL VIA PRELIMINARY OBJECTIONS

Upon receipt of a new file, Greg immediately spoke with his client, a concrete contractor, and gathered all relevant facts and materials in order to determine whether the joinder of his client was proper. Within days of receiving the assignment, Greg filed preliminary objections arguing that the facts asserted in the complaint do not create a duty for a concrete contractor to protect a tenant of a condominium complex PRIOR to the work being performed. The allegations were that the concrete contractor was negligent in that he failed to commence the job in a timely manner and had he started earlier then the defect would have been fixed. The Court sustained Greg’s Preliminary Objections and dismissed the case against Greg’s client. Greg’s strategy saved the insurance carrier thousands of dollars by having the case dismissed prior to discovery and moving at the summary judgment stage which is how most attorneys would have proceeded. If you would like a copy of the briefing on this issue, feel free to reach out to Greg at GMallon@Zarwin.com.