Fullerton Beck Secures Dismissal in Wrongful Death Action

A Fullerton Beck Medical Malpractice team led by Partner Dena Operman secured a significant victory on behalf of a client in a wrongful death action. After plaintiff moved for a default judgment, Dena opposed the motion and cross-moved pre-answer to dismiss on the grounds the default motion and the action as a legal nullity due to plaintiff’s failure to timely serve a Notice of Claim within the applicable statute of limitations. The court accepted defense counsel’s argument and dismissed that plaintiff failed to meet the mandatory condition precedent, i.e., timely service of the Notice of Claim to sustain the wrongful death action.

The court granted our pre-answer motion to dismiss, resulting in the dismissal of the action. This outcome reflects our team’s knowledge of municipal law and focus on identifying and successfully advancing dispositive procedural and jurisdictional defenses at the earliest stages of litigation.