Case: Trip and Fall
Counsel: Salvatore DeSantis and Robert Von Hagen
Result: Sanctions and Motion to Strike Granted
Plaintiff tripped and fell on a sidewalk outside of the premises that our client was renovating, sustaining injuries. Over the course of the year, the plaintiff’s counsel continuously filed discovery motions. The plaintiff’s counsel filed discovery motions prior to the preliminary conference and repeatedly filed before making the required showing of good faith. We cross-moved against every motion arguing that they were frivolous and argued for increasing sanctions. Even after a sanction hearing against plaintiff’s counsel for this relentless behavior, the plaintiff’s counsel continued to file discovery motions. The plaintiff’s counsel filed nine discovery motions over the course of a single year. The Court ultimately found that plaintiff’s attorneys’ actions warranted the imposition of sanctions and granted our motion, ordering Plaintiff’s attorneys to pay costs, sanctions and fees, and granting our motion to strike the plaintiff’s complaint against our client.