Barry McTiernan & Moore
  • Our Firm
    • Practice Areas
    • Locations & Contact
  • Attorneys
  • News & Press
  • Careers
  • Our Firm
    • Practice Areas
    • Locations & Contact
  • Attorneys
  • News & Press
  • Careers

Summary Judgment Granted in NJ Negligence Case

April 21, 2020

Cara Manz of our New Jersey office recently obtained summary judgment on behalf of our clients, a franchisee, its management company, and the owner of the property. Plaintiff allegedly slipped and fell due to a substance on the floor and a napkin. Ms. Manz successfully argued that the Mode of Operation doctrine was inapplicable to the premises and that Plaintiff was required to prove Defendants had notice of the dangerous conditions. The Court found that the Mode of Operation doctrine was inapplicable, thereby making notice of the condition a requirement, and that Defendants had established a lack of actual or constructive notice of the alleged conditions. Ms. Manz also successfully argued against an adverse inference charge which Plaintiff sought to due alleged spoliation of the video. The Court ruled in Defendants’ favor, finding no merit to Plaintiff’s argument  that there was any spoliation shown. This was a high exposure case where plaintiff’s demand was in the seven figures.

Recent News & Press

  • Suzanne Halbardier panelist at Perrin Conferences New York Asbestos Litigation virtual 2020
  • Cara Manz elected to firm Partnership
  • Alex Malino Named Managing Partner at Barry McTiernan and Moore
  • Celebrating the Holiday in the spirit of our community
  • Cara Manz is recognized by peers and was selected to Rising Stars 2021

News & Press Archive

  • January 2021
  • December 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • May 2018
  • February 2018
  • November 2017
  • October 2017
  • August 2016
  • April 2016
  • October 2015
  • April 2015
  • April 2014
  • November 2013
  • April 2012
  • March 2012
  • August 2011
  • July 2011
  • June 2011
  • April 2011
  • October 2010

Copyright © by Barry McTiernan & Moore LLC. All rights reserved. Disclaimer