Attorneys Dawn Doherty and Brett Norton of MOODK’s Delaware Office secured a dismissal of an Eight Amendment suit by a represented prisoner-patient alleging cruel and unusual punishment arising out of the alleged denial of a surgical procedure. Plaintiff contended that MOODK’s client intentionally denied him a tonsillectomy notwithstanding that there were no clinical signs of tonsillitis. MOODK’s Attorneys moved to dismiss the lawsuit. The federal court held that medical practitioners were not indifferent to plaintiff’s medical needs because they performed numerous examinations, tests, studies, and other treatment to the plaintiff, and developed tailored plans of care.  The court further held that MOODK’s client should also be dismissed because plaintiff had failed to plead sufficient facts to show that a custom or policy existed under Monell that delayed the medical care of plaintiff to save costs. 

Christian M. Scheuerman, Esquire and Lucas B. Klirsfeld, Esquire of MOODK’s New Jersey Office successfully obtained a decision from the New Jersey Appellate Division affirming summary judgment in favor of a client in a multi-party motorcycle accident case. Plaintiffs, a husband and wife, alleged that MOODK’s client, a construction company, was negligent in performing its work as a part of a road-widening project on the Garden State Parkway. The trial court held that Plaintiffs’ expert had inadmissibly rendered a net opinion unsupported by factual evidence and Plaintiffs’ claims were dismissed via summary judgment. After instrumental briefing and oral argument by Lucas B. Klirsfeld, Esquire, the Superior Court of New Jersey Appellate Division held that the trial court did not abuse its discretion and summary judgment was appropriate.

MOODK Attorney Grace Olubowale of our Maryland Office successfully obtained dismissal in a slip and fall action. The plaintiff in the case alleged that she had fallen on a ramp owned by MOODK’s client and sought damages based on a theory of negligence. However, the property at issue had been donated by MOODK’s client to a local county in October 2020 prior to the alleged fall occurred. MOODK’s attorney filed a Motion to Dismiss the claim and argued that the client did not owe any duty to the plaintiff as the client was no longer in control of the premises after it had donated the property to the local county. The Court agreed and dismissed MOODK’s client from the case.

Belinda R. Boone, Esq., with the assistance of Alexis Bueno-Wyse, Esq. of MOODK’s New York office, obtained Summary Judgment on behalf of its client in a premises liability case in Supreme Court, Bronx County.  The plaintiff alleged that she was injured by a patio umbrella that took flight due to a gust of wind at a senior living facility owned and operated by MOODK’s client. The patio umbrella was secured inside a table. In representing the defendant, MOODK argued that they did not have notice of or create a dangerous condition that posed a foreseeable risk of injury to persons expected to be on the premises. In addition, we presented meteorological evidence through an expert that our client had no actual or constructive notice of any wind advisories that would have informed them of any extraordinary wind conditions, and therefore should not be held liable for any consequences thereof. The court found that the plaintiff failed to establish a prima facie case, ruling that “the occurrence of a freak or unexpected event does not establish negligence as notice was lacking,” thus preventing a jury trial in a venue historically known for substantial jury verdicts for plaintiffs.