800-403-5522 Long Island • NYC • Saratoga

Partner David Metzger Obtains Summary Judgment

Posted: November 2, 2023

Partner David Metzger obtained summary judgment in a negligent security case venued in Essex County, New Jersey. In this case, the plaintiff was attacked and sustained life-threatening injuries after exiting an elevator in a public housing authority building in the early morning hours. Lewis Johs represented the contracted security company. The assailant was never identified or arrested. Plaintiff’s attorney served a report from a security expert outlining various existing general lapses in security. David made a prima facie showing, however, that the guards on site complied with all their assigned security responsibilities that night/morning. More significantly, David argued successfully that notwithstanding the expert’s report, because plaintiff could not identify his assailant or indicate if the assailant was a resident, guest or trespasser to this large complex – and could not indicate when or how he may have gained entry – any argument as to proximate cause would be mere speculation. The Court agreed with David’s arguments and dismissed the case.