Michael Dankanich Obtains Dismissal by Way of Summary Judgement in Wrongful Death Action

Michael D. Dankanich, Esquire, a shareholder with Zarwin, Baum, secured the dismissal of a wrongful death claim against a client company which provided traffic safety barrels to a New Jersey racetrack.

Plaintiff’s decedent, a participant in an automobile race at a New Jersey racetrack, perished when his vehicle impacted with impact safety devices which included sand filled barrels provided to the racetrack by Mr. Dankanich’s client. Mr. Dankanich was able to successfully argue that the fatal injury suffered by the decedent occurred prior to the decedent’s vehicle impacting with the safety barrels and, therefore, the barrels could not be deemed a proximate cause of the fatal injury.

Mr. Dankanich’s argument analysis was based primarily on the detailed investigation of the accident conducted by the New Jersey State Police which identified Mr. Dankanich’s client’s barrels as being involved in the incident at issue but also identified the specific fatal injury which arguably was suffered prior to vehicle impact with the barrels.

The Court agreed with Mr. Dankanich’s argument and dismissed all claims against his client.