Walter J. Klekotka

Obtained summary judgment for their client, a large retail store, in a premises liability case. 
Plaintiff brought suit against our client, a large retail store, alleging negligence for a physical altercation between a former employee and a customer. Plaintiff argued that the former employee held himself out as an employee, and the store was negligent in failing to protect the customer from criminal acts. We moved for Summary Judgment as the assailant was a former employee, and there was no foreseeability to put the store on notice for any criminal acts by a third party. At oral argument, we established that the record was clear as to the former employee's status at the time of the incident, and that the opposition arguments (the employee was stocking shelves and wearing clothing similar to the store uniform) were not genuine issues of material fact. The judge agreed and granted Summary Judgment for our client.

Successfully defended a grant of summary judgment in the New Jersey Appellate Division that resulted in a published opinion. Our clients were the owner and manager of an apartment complex for seniors. The plaintiff resident had returned from walking her dog and alleged she received injuries entering the elevator. She had allowed the dog to enter first, when the doors began to close. She alleged injuries occurring when the right door struck her arm, and when she used her left arm and left side of her body to slow the doors from closing while she leapt into the elevator.  

She sued our clients and the company hired to maintain the elevator, but was unable to establish any proof of negligence. The trial judge dismissed the case, declining to apply the doctrine of res ipsa loquitur, in part, because the plaintiff could not establish the third element of the doctrine: that the injury did not result from the plaintiff’s own voluntary act or neglect. On appeal, the plaintiff argued that the Appellate Division should eliminate this third element. The Appellate Division, in a published opinion, concluded that the third element is a well-established law in New Jersey and only the New Jersey Supreme Court could eliminate it, and that court has shown no inclination to do so. Because the plaintiff could not demonstrate the third prong, res ipsa was not applicable and the failure of the plaintiff to establish negligence resulted in summary judgment in the defendants’ favor.

Obtained a defense verdict for a large supermarket chain involving an injury to a vendor from a swinging door.

Obtained a defense verdict for a large supermarket chain involving a fall down as a result of a foreign substance on the floor.

Obtained a defense verdict representing a Gas station Mini Market involving a slip and fall on foreign substance on the floor.

Obtained a defense verdict in a case involving allegations of RSD.

Successfully mediated products liability matter with loss of sight in one eye.

Successfully mediated products liability case involving permanent facial disfigurement.