Cohn Lifland recently secured a major appellate victory before the Superior Court of New Jersey, Appellate Division, successfully reversing the dismissal of a personal injury action brought on behalf of the firm’s client.
A Complete Reversal on Appeal
In Nunez v. Podczerwinski and County of Passaic, the trial court had granted summary judgment in favor of the defendants and dismissed the plaintiff’s complaint with prejudice. The trial court has also issued orders which barred an expert report and certain of the plaintiff’s medical bills. On appeal, Cohn Lifland argued that genuine issues of material fact existed concerning the extent and permanency of the plaintiff’s injuries and that those issues should be determined by a jury.
The Appellate Division agreed, reversing the summary judgment order and concluding that a reasonable factfinder could determine that the plaintiff suffered a substantial, permanent loss of bodily function. The court also reversed orders that had barred the report and testimony of one of the plaintiff’s treating providers and evidence relating to her unpaid medical bills, restoring important evidence to the case.
Cohn Lifland’s Successful Appellate Advocacy
The appeal was handled by Cohn Lifland attorneys Walter M. Luers and Christina N. Stripp. Walter and Christina represented the client on the appellate briefs, with Walter presenting oral argument before the Appellate Division. Their successful advocacy resulted in the reversal of the trial court’s dismissal and the reinstatement of the client’s case.
As a result of the appellate victory, the matter has been remanded to the trial court for further proceedings. Cohn Lifland will continue representing its client as the case moves forward, with the goal of achieving the best possible outcome on her behalf.
This decision reflects Cohn Lifland’s commitment to pursuing its clients’ claims at every stage of litigation and, when necessary, seeking appellate review to ensure that clients have the opportunity to have their claims decided on the merits.
Disclaimer: This communication constitutes attorney advertising. The result described above depended on the unique facts and circumstances of that particular case. Every case is different, and past results do not guarantee future outcomes. Nothing contained in this article should be construed as legal advice or as a guarantee of a particular result. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.