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Thomas Rhatigan Successfully Obtains Summary Judgment in Wrongful Death Action

summary judgement granted
Posted: April 29, 2019

Congratulations to Thomas Rhatigan for winning summary judgment dismissing a wrongful death products liability action in New York County.  Plaintiff’s decedent fell off the top bed of a bunk bed in a shelter and subsequently died from his injuries.  Plaintiff argued that our client, a distributing company, was required to supply guard rails with the bunk beds.  Tom moved for summary judgment, arguing that the distributing company was not legally required to provide guard rails and that the bunk beds were not defective or inherently dangerous such that a warning would be required.  The Court agreed and dismissed all claims.

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