At Greenberg Law P.C., we are pleased to share a recent victory in a critical case involving a wrongful death claim. Our client, the plaintiff, is the estate of a man who unfortunately suffered fatal injuries after falling down a dangerous staircase at a restaurant in lower Manhattan. We alleged that several defendants were negligent, including the architectural firm responsible for a major renovation of the restaurant. Greenberg Law P.C. partner Joseph P. DePaola successfully opposed the defendant’s motion to dismiss and the court’s decision to deny the motion allows our clients to move forward in their pursuit of justice.
Case Background
Our clients are the family members of the decedent. Our clients are seeking justice on behalf of their father and husband, who unfortunately sustained horrific head injuries that ultimately resulted in his life ending far too early. We claim, amongst other reasons, that the staircase at the restaurant was unreasonably dangerous. The architect-defendant sought to dismiss the case by filing a motion that argued our claims were insufficient. Specifically, the architect contended that the complaint lacked the necessary factual detail to establish a legal cause of action.
The Defendant’s Motion to Dismiss
The defendant’s motion relied on several key arguments to try and have the case thrown out. They rely heavily on a case called Espinal v. Melville Snow Contractors, to argue that Plaintiff failed to assert a viable theory against the third-party architecture firm. To support their argument, they attached an affirmation from the architect along with structural plans and their proposal for architectural services. In essence, they argued that we didn’t sufficiently state our claim and that they did not create or exacerbate the condition that caused the fatal fall.
Why the Court Denied the Motion
The judge, however, rejected these arguments, recognizing that the plaintiff had adequately stated a claim that warranted further examination through discovery. In particular, the court found that the plaintiff’s complaint contained sufficient factual allegations that, if proven true, would entitle the plaintiff to relief. The judge emphasized that motions to dismiss are not meant to resolve factual disputes or weigh the evidence, but merely to assess whether the plaintiff has presented a plausible wrongful death lawsuit.
The court highlighted our argument that we successfully alleged an exception to the Espinal case – that the architecture firm, while a third-party – may have “launched a force or instrument of harm” in its design plans. In other words, the Court accepted our argument that we could overcome the limitations of Espinal. The Court also agreed with our argument that the documentary evidence submitted was not sufficient at this early stage of litigation. Furthermore, the judge noted that the discovery process would allow for a fuller exploration of the facts, which are crucial for determining liability.
What This Decision Means
This denial of the motion to dismiss is a significant win, not just for our clients, but for all personal injury victims. It reinforces the principle that defendants cannot avoid accountability by prematurely attempting to dismiss valid claims. The court’s decision affirms that plaintiffs have the right to pursue their personal injury case and that factual disputes should be resolved through litigation, not dismissed based on technicalities.
Our Commitment to Fighting for Justice
At Greenberg Law PC, we remain committed to providing our clients with strong, dedicated personal injury representation. This victory exemplifies our personal injury lawyers' ability to navigate complex legal challenges and protect the rights of those who have been wronged. As the wrongful death case proceeds, we will continue to fight for the compensation our clients deserve.
Contact Us for a Free Consultation
If you or someone you know has been injured due to negligence, don’t hesitate to reach out. At Greenberg Law PC, we are ready to fight for your rights and ensure that you receive the justice and compensation you are entitled to. Contact us today for a free consultation.
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newsroom: news.38digitalmarket.com
Source: 38 Digital Market News
Release ID: 1141827
