Ryan J. Gaffney recently succeeded in multiple dispositive motions, including five in one day. In addition to several summary judgment motions on liability, Mr. Gaffney successfully argued a pre-answer motion to dismiss on the pleadings for violation of the statute of limitations.

In a case of first impression, Mr. Gaffney also obtained summary judgment on a workers compensation carrier’s subrogation claim in the first application of the Appellate Division’s recent ruling in Lambert v. Travelers, 447 N.J. Super. 61 (App. Div. 2016). Mr. Gaffney argued that, despite broad language in Lambert regarding the admissibility of economic damages, a workers compensation carrier could not make a claim as subrogee of an injured party when that party cannot otherwise support a claim for noneconomic loss.

Based on the legal arguments presented,  the Court agreed and dismissed plaintiff’s claims, holding that “the automobile no-fault scheme would be thwarted if the automobile PIP carriers secure reimbursement from the injured person’s workers’ compensation carrier, and then that workers’ compensation carrier subrogates the economic loss against a motor vehicle tortfeasor who is part of the no-fault insurance system.”

A copy of the Court’s decision was posted on-line by the New Jersey Law Journal's Daily Decision Alert Newsletter and the New Jersey Judiciary website’s list of Trial Court Unpublished Decisions.  Please follow the link below to read the decision.

Chasan Lamparello
Mallon & Cappuzzo, PC

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