Publication Details

Richard W. Fogarty Prevails in Appellate Division

Richard W. Fogarty Prevails in Appellate Division

Richard W. Fogarty successfully defended an appeal in the New Jersey Superior Court, Appellate Division on behalf of a driver insured by Allstate New Jersey Insurance Company.  In the matter of Ochoa v. Okasha, et. al., plaintiff failed to appear for the trial call and the matter was dismissed without prejudice.  Plaintiff’s counsel alleged to be unaware of the dismissal and took no action for nine months, during which time plaintiff underwent substantial medical treatment, including lumbar spine surgery.  At that point, plaintiff attempted to reinstate the case and extend discovery.  The Trial Court denied plaintiff’s request, as well as subsequent motions seeking to reinstate the matter and extend discovery.  On appeal, Mr. Fogarty and counsel for the other defendant-driver successfully convinced the Appellate Panel that plaintiff’s purported reasons for missing the trial call were insufficient and the Trial Court appropriately dismissed the matter.  They also successfully argued that the substantial prejudice to the defendants and the lack of exceptional circumstances warranted the denial of plaintiff’s motion to reopen and extend discovery and motion to reinstate the matter.