LCBF obtains defense verdict on liability in civil virtual jury trial in Camden County, New Jersey

On April 5, 2021, the New Jersey Judiciary began conducting civil virtual jury trials statewide without the need for the parties’ consent. LCBF defended one of the first two virtual trials that started in Camden County on April 5th. The trial was completely virtual, with the judge, each juror, counsel, and witnesses in separate locations.

In Paladino v. Auletto Enterprises, Inc. t/a Auletto Caterers, a Camden County jury returned a defense verdict in favor of our client following an eight day virtual trial, which we believe to be the longest virtual civil trial conducted in the state. Plaintiff contended that a single step on our client’s premises was a dangerous condition and caused her to fall. Plaintiff alleged injuries to her left knee and low back. Plaintiff underwent arthroscopic left knee surgery, left knee replacement surgery and epidural and branch block injections in her back. Plaintiff sought monetary damages for significant past and future medical expenses, pain and suffering, impairment and loss of enjoyment of life.

Plaintiff called a liability expert (engineer) and two medical experts to testify, as well as witnesses regarding plaintiff’s pain and suffering. Plaintiff’s liability expert opined that the single step was a safety hazard. Plaintiff’s medical experts opined that the fall caused her knee and back injuries and that she will require a future knee replacement surgery and one or two future back surgeries.

LCBF was able to rebut plaintiff’s theories of liability through the use of security camera footage, plaintiff’s own fault and evidence of no prior incidents on the step. With respect to damages, through cross-examination of plaintiff’s fact and expert witnesses, we were able to raise credibility issues and demonstrate that plaintiff had some unrelated pre and post-accident limitations that undercut her damages claims.

The jury returned a verdict finding our client was not negligent. The LCBF trial team was headed by Joseph Tomaino and Brittany Barbet.