Melissa Brown and Amanda King of Marks O’Neill’s New Jersey office were successful in obtaining voluntary dismissal of a wrongful death action.  Plaintiff originally alleged that the negligence of the condominium association resulted in the fall and subsequent death of the decedent.  Our team worked diligently to create a strong record demonstrating the lack of any defects to the premises.  Following same, Plaintiff shifted her theory of liability taking the position that the insured was negligent in that it knew or should have known that Co-Defendant was operating an illegal home health care facility on the premises.  Our attorneys attacked Plaintiff’s new theory of liability arguing that continued litigation against our client was frivolous.  After eroding Plaintiff’s theories of liability, Plaintiff voluntarily dismissed all claims against our client with prejudice.