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Philip Odett Secures Summary Judgment in Hudson County

November 5, 2018

Philip Odett’s client recently was granted summary judgment after oral argument in Hudson County.  Plaintiff alleged he tripped and was injured as a result of a defect on a privately owned roadway/curb in Jersey City, New Jersey.  As a result of the incident, plaintiff alleged serious and permanent injuries.  Mr. Odett represented the property manager for the building abutting the privately owned street where the incident occurred. In the early stages of discovery, Odett moved for summary judgment arguing that his client was not responsible for the defective condition which allegedly caused the plaintiff to trip. 

Odett argued his client was not on notice of any defective conditions and was not the proximate cause of plaintiff’s incident.  Additionally, Odett argued his client did not own, operate or lease the area where plaintiff tripped.  After entertaining oral argument, the judge ruled in Odett’s favor and granted the motion for summary judgment.  The judge ruled Odett’s client did not breach a duty of care owed to plaintiff and there were no genuine issues of material fact.  As a result, the complaint and all cross-claims were dismissed with prejudice. 

 


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