Wade Clark Mulcahy LLP

Partner Bob Cosgrove and Counsel Matt Care successfully obtained a with prejudice dismissal of a products liability lawsuit in federal court in Newark, New Jersey.  In the case of <em>Elizabeth Kean, et al. v. Cedar Works, et</em> al., the plaintiff alleged that, when she was a child, she fell from a defective swing set in her backyard onto her head.  She claimed that the fall caused a traumatic brain injury -- specifically  trauma-induced postural orthostatic tachycardia syndrome ( “POTS ”).

While designed by our client, the swing set was installed, uninstalled, moved, and eventually reinstalled by an unknown party that was not joined to the case.  At the close of pleadings, we moved to dismiss the case and argued that the unknown installer, mover, and reinstaller was a necessary and indispensable parties to the litigation, without which full and complete justice could not be rendered.  We also moved to dismiss the case on the grounds that complaint was insufficiently specific.

The Court <a href="https://www.wcmlaw.com/wp-content/uploads/2020/07/20.06.05-Order-and-Opinion-Dismissing-All-Claims-Against-Cedar-Works.pdf">granted</a> our motion on both grounds and dismissed all claims against our client.

For more information about this victory, please contact <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.

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