G. Harrison Walters Secures Summary Judgment for MHS in Slip-and-Fall Case
Dec 20, 2023 - Firm News by G. Harrison Walters
We’re excited to announce that G. Harrison Walters of Mintzer Sarowitz’s New Jersey office, has successfully secured Summary Judgment on behalf of our client, MHS.
MHS, a subsidiary of ES and also the proprietor of the building where ES conducts its operations, was implicated in a case involving an unfortunate slip-and-fall incident on ice by an ES employee.
Despite the absence of a formal lease agreement, we presented a compelling argument that our client’s role was akin to an out-of-possession landlord rather than a special employer. We emphasized that the tenant and parent company, ES, had assumed responsibility for the interior, exterior, and mechanical maintenance of the property, further arguing that as such, ES, rather than MHS, would be the appropriate and proper defendant in this action. It should be noted that plaintiff is barred from filing a general liability suit for negligence against ES by nature of being an ES employee; plaintiff’s correct course of action should have been to file a Worker’s Compensation claim against ES.
We are pleased to report that the Court concurred with our arguments and granted summary judgment to our client, MHS. This outcome underscores our unwavering dedication to robust legal advocacy and our track record of securing favorable outcomes for our clients.