Gordon Rees Scully Mansukhani New Jersey Partner Roy Viola secured a complete dismissal of a multi-million dollar lead-poisoning claim on behalf of his client, a plumbing company.
The defendant was implicated in the installation of a hot water heater allegedly soldered with lead, resulting in water system contamination within an apartment. During the deposition of the plaintiff’s engineering expert, Viola established that any lead-based solder would have been part of the original baseboard heating system installed in the 1990s.
Utilizing New Jersey’s Statute of Repose, which dictates that no contractor can be held liable for installations or repairs completed more than 10 years prior to the plaintiff's complaint, Viola successfully argued for dismissal. Rather than undergoing a potentially costly summary judgment motion that could have resulted in reimbursing legal fees, the plaintiff voluntarily dismissed GRSM’s client, thereby saving the client's carrier substantial expenses in fees and expert costs.
This case exemplifies the effectiveness of proactive early discovery techniques in providing robust defense strategies for GRSM’s clients. Despite the plaintiff’s pursuit of significant damages, GRSM’s approach to the case ensured a swift and advantageous resolution.