Litigation Attorney Frances Barto Instrumental in Montclair State University Win
Frances E. Barto, Esq.
Scarinci Hollenbeck is proud to congratulate Associate Frances Barto on her role in winning an important victory for our client Montclair State University (“MSU”). In Gomez v. Cumberland USA, Inc., the Plaintiff Gomez brought a lawsuit against MSU and his employer, Cumberland USA, Inc. an independent contractor hired by MSU, for injuries sustained when he fell from a roof while doing repairs at MSU after a heavy snowstorm. The trial court initially ruled in favor of Plaintiff and denied MSU’s summary judgment motion, rejecting the University’s argument that it was immune from liability under the New Jersey Tort Claims Act ruling that that the property was in a “dangerous condition” at the time of Plaintiff’s injury and that MSU had assumed a legal duty to protect Plaintiff. The appellate panel reversed the trial court’s decision and entered a summary judgment in favor of MSU, dismissing the case with prejudice, ruling that (1) Plaintiffs proofs failed to establish the statutory requirements for imposing liability of a public entity for injuries caused by snow on the roof; (2) MSU had no duty, contractual or otherwise, to make the roof safe for the Plaintiff; (3) MSU’s property contained no “dangerous condition” as defined by the statute; and (4) MSU did not affirmatively created the situation which led to Plaintiff’s injury.
According to Ms. Barto, “Gomez v. MSU is a win for public entities, once again demonstrating the general rule of immunity and the burden on the Plaintiff required to establish liability under the Tort Claims Act. In this case, Plaintiff simply failed to meet that burden.”
Frances E. Barto focuses her practice on commercial and public entity litigation representing individuals, businesses and public entities throughout the State of New Jersey and in the United States District Court for the District of New Jersey. Ms. Barto was recently recognized by 201 Magazine in their June 2015 publication as a top lawyer in Bergen County, NJ.
Business Journal NJBIZ Names Ronald S. Bienstock and William C. Sullivan, Jr. Leaders in Law
Ronald S. Bienstock and William C. Sullivan, Jr. of Scarinci Hollenbeck Recognized as 2025 Leaders in Law by NJBIZ Little Falls, NJ – March 6, 2025 – One of New Jersey’s leading business journals, NJBIZ, has recognized Ronald S. Bienstock, Partner and Chair of the Intellectual Property Group, and William C. Sullivan, Jr., Partner and […]
Scarinci Hollenbeck Named Among 2025 Best Companies to Work For
Scarinci Hollenbeck Named in U.S. News & World Report’s 2025 Best Companies to Work For Law Firms Little Falls, NJ – March 4, 2025 − U.S. News & World Report, the global authority in rankings and consumer advice, has named Scarinci & Hollenbeck, LLC one of the best law firms to work for in its […]
Donald M. Pepe and Donald Scarinci Named to 2025 ROI-NJ Influencers: Law List
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Little Falls, NJ – February 26, 2025 – Partner and Chair of Scarinci & Hollenbeck, LLC’s Commercial Real Estate Department Donald M. Pepe and Founding & Managing Partner Donald Scarinci have once again been named to ROI-NJ’s Influencers: Law […]
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC Little Falls, NJ – February 20, 2025 – Scarinci Hollenbeck, LLC is pleased to announce the addition of one new Partner. The firm also welcomes three Senior Associate attorneys. The expansion strengthens the firm’s capabilities across several practice […]
Scarinci Hollenbeck Attorneys Launch New BNI Chapter in NYC
Pioneering Networking Opportunities: James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren Lead Initiative to Enhance Business Collaboration and Growth New York, NY – February 13, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren have taken the initiative to establish a […]
John M. Scagnelli Speaks at Annual Redevelopment Law Institute
John M. Scagnelli Featured as Panelist on “The Impact that the Proposed Resilient Environments and Landscapes (NJ PACT) Regulations will have on Redevelopment” Little Falls, NJ – January 29, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Partner John M. Scagnelli, a member of the firm’s Environmental Law section, was recently featured […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Important Victory for Montclair State University
Author: Scarinci Hollenbeck, LLC
Litigation Attorney Frances Barto Instrumental in Montclair State University Win
Frances E. Barto, Esq.
Scarinci Hollenbeck is proud to congratulate Associate Frances Barto on her role in winning an important victory for our client Montclair State University (“MSU”). In Gomez v. Cumberland USA, Inc., the Plaintiff Gomez brought a lawsuit against MSU and his employer, Cumberland USA, Inc. an independent contractor hired by MSU, for injuries sustained when he fell from a roof while doing repairs at MSU after a heavy snowstorm. The trial court initially ruled in favor of Plaintiff and denied MSU’s summary judgment motion, rejecting the University’s argument that it was immune from liability under the New Jersey Tort Claims Act ruling that that the property was in a “dangerous condition” at the time of Plaintiff’s injury and that MSU had assumed a legal duty to protect Plaintiff. The appellate panel reversed the trial court’s decision and entered a summary judgment in favor of MSU, dismissing the case with prejudice, ruling that (1) Plaintiffs proofs failed to establish the statutory requirements for imposing liability of a public entity for injuries caused by snow on the roof; (2) MSU had no duty, contractual or otherwise, to make the roof safe for the Plaintiff; (3) MSU’s property contained no “dangerous condition” as defined by the statute; and (4) MSU did not affirmatively created the situation which led to Plaintiff’s injury.
According to Ms. Barto, “Gomez v. MSU is a win for public entities, once again demonstrating the general rule of immunity and the burden on the Plaintiff required to establish liability under the Tort Claims Act. In this case, Plaintiff simply failed to meet that burden.”
Frances E. Barto focuses her practice on commercial and public entity litigation representing individuals, businesses and public entities throughout the State of New Jersey and in the United States District Court for the District of New Jersey. Ms. Barto was recently recognized by 201 Magazine in their June 2015 publication as a top lawyer in Bergen County, NJ.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
