GMR Partner Warren Holland defended a client in Essex County, NJ, who was sued when Plaintiff broke her foot and ankle after tripping on a pothole, which she claimed was camouflaged with leaves. She alleged she observed the defendant’s agents routinely blowing leaves into the street, violating a City ordinance.
Although the nature and extent of her injuries were not disputed, Warren challenged her theory of liability and argued that Plaintiff failed to meet her burden of proof to establish the leaves in question came from the defendants’ property. The jury found in favor of Warren’s client.