COLLEEN SHEA (Wilmington) obtained Judgment on the Pleadings on behalf of their client, a regional elevator installer, in a wrongful death case arising out of the death of an 11 year old girl who was crushed when she became wedged between the residential elevator car and the elevator shaft wall. Suit was originally filed against the general contractor and the installer, and after several months of contested discovery, Ms. Shea successfully obtained a dismissal in the case based on the general contractor’s intervening and superseding negligence. After obtaining a settlement with the general contractor, the child’s Estate subsequently re-filed suit against the installer. Ms. Shea filed a Motion for Judgment on the Pleadings grounded on the doctrines of judicial and collateral estoppel, which was granted, resulting in dismissal of Plaintiffs’ case with prejudice.
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