M&K partner Craig Waksler spoke at the American Conference Institute’s 12th Annual Advanced Forum on Asbestos on January 26-27, 2012 at the Union League in Philadelphia. This was Mr. Waksler’s second time speaking at this yearly conference which was designed for senior asbestos practitioners, claims handlers and in-house counsel. This year’s conference featured an impressive list of speakers, ranging from judges, leading plaintiff’s counsel, senior representatives from a number of insurance companies and in-house counsel to senior partners from defense firms across the country.

Mr. Waksler’s speaking topic was “The Navy Cases: Bolstering Your Case From Discovery Through Trial". He discussed asbestos exposures that typically occur with plaintiffs who served in the Navy. He also discussed a wide variety of issues related to the defense of these cases, including the Government Contractor, component part and sophisticated user defenses, federal enclave and removal issues, the application of  the  Taylor, Simonetta and Braaten cases in other jurisdictions, and the most effective use of Naval records. He also addressed the opinions of the various Naval experts who frequently testify in asbestos cases.

The New Jersey Supreme Court, on January 18, 2012, released their opinion in the case of Polzo v. County of Essex.

M&K partner Jeffrey B. Beacham and associate Michael Sarno had petitioned the New Jersey Supreme Court on behalf of their client, the County of Essex, to hear the case after their summary judgment was overturned by the Appellate Division. The Appellate Division had also ruled that the County of Essex created a dangerous condition by having no routine inspection program in place to discover road surface defects.

Mr. Beacham had argued before the New Jersey Supreme Court on September 26, 2011 and the New Jersey Supreme Court reversed the Appellate Division and reinstated the dismissal of the plaintiff’s complaint. The Court ruled that even if the County had notice that the depression was a dangerous condition, a reasonable jury could not find that the failure to repair it was “palpably unreasonable” under the New Jersey Tort Claims Act.

The Court ruled that the County could not be found to have “created” a dangerous condition by having no routine inspection program in place to discover road surface defects.

The plaintiff, Mathi Polzo had been riding her bicycle on the shoulder of Parsonage Hill Road in Millburn when she road over a depression on the shoulder, lost control and fell and died 26 days later.

The plaintiff argued that the County of Essex should have inspected the roadway and found the depression and repaired the depression.

The Court ruled that even if the County had notice that the depression was a dangerous condition, a reasonable jury could not find that the failure to repair it was “palpably unreasonable.” Essex County is responsible for an extensive network of roads and there were no prior complaints or reports of injuries from the depression on the shoulder of Parsonage Hill Road.

Partners for Women and Justice has recognized Nancy Giacumbo in the New Jersey Law Journal for her pro bono service during 2011. The support of attorneys like Ms. Giacumbo made it possible for Partners to help hundreds of low income and abused women and their children. These attorneys helped secure restraining orders, fair orders of spousal/child support, safe visitation/custody arrangements, divorces and wills and related documents. Many attorneys also made themselves available to provide court representation in these matters.