Yolanda Ayala Obtains Dismissal in Lieu of an Answer in the NJ Superior Court, Union County in a Dog Bite Case
In keeping align with GVK’s ethos of effective and efficient litigation handling, New Jersey Partner Yolanda Ayala, was successful in getting a dog bite case with allegations of serious injuries to Plantiff’s leg dismissed by Judge Mega in Union County, NJ Superior Court, without the typical litigation costs associated with lengthy discovery and within 90 days of assignment. Ms. Ayala proves to her clients that it is beneficial to act fast and that utilizing an alternative method of litigation handling will result in saving both time and money.
In lieu of an Answer, Ms. Ayala interposed a Motion to Dismiss upon the basis that her clients were immune from liability based upon the Workers’ Compensation law. The Third-Party Plaintiff/dog owner initially argued that the defendant, a Home Health Aide, improperly released the dog from the basement against the owner’s directives, which, in turn caused the dog to attack the Aide’s supervisor who had gone outside to provide supplies to the Aide.
However, when confronted with deposition testimony that the Third-Party Plaintiff herself admitted that she had opened the basement door, the Third-Party Plaintiff then claimed that the Aide’s act of opening the front door to the home fell outside of the scope of her employment, and therefore prevented the Aide from obtaining the benefit of the workers’ compensation bar. In reply, Ms. Ayala noted that the Aide opened the front door in order to retrieve the supplies needed for the client, which was clearly “within the scope of employment”. The Judge agreed and the matter was dismissed against the firm’s client.