Successful Denial in Plaintiffs v. Construction Materials Manufacturer

Superior Court, Morris County



Attorney Scott Haworth serves the defense needs of diverse New York corporate clients as partner with Haworth Coleman & Gerstman, LLC. Scott Haworth’s firm handled a noteworthy product liabilility case, Plaintiffs v. Construction Materials Manufacturer, which was decided in the Superior Court, Morris County.

The defendant was a specialty flooring systems manufacturing company that had its product installed at a supermarket entrance. The plaintiff claimed that serious injuries sustained at the time of traversing the flooring were due to unclear system installation instructions provided by the manufacturer. After attorney-led depositions, it was established that the opinion of the plaintiff’s expert witness was unreliable and not supported by the factual evidence.

The summary judgment motion argued that the expert’s opinion on the plaintiff’s side constituted “net opinion.” With no causal connection established between the accident and the claimed negligence or deficit, all claims and cross claims were dismissed. Lacking additional evidence, subsequent dispositive motions of the co-defendants were also denied in summary judgment.