Achievements & Results

Jay O’Brien obtains summary judgment on behalf of apartment community manager

Jay O’Brien obtained an order excluding Plaintiff’s medical expert and granting summary judgment on 14 of 15 claims on behalf of the manager of an apartment community.  Plaintiff was a resident of an apartment and lived there for four years.  She alleges that mold exposure in her apartment caused personal injuries and property damages.  She retained a medical expert to opine that all of her injuries and damages were the result of mold exposure in her apartment.  Mr. O’Brien was able to establish that the expert did not meet the standards required for an expert.  After the expert was excluded, Plaintiff was without an expert to offer the necessary testimony to support her claims.  As a result, summary judgment was granted as to all claims involving personal injuries and property damages.  The only claim remaining was for a breach of the lease agreement. A motion for reconsideration was filed by Mr. O’Brien on the breach of lease agreement, which was granted.  Summary judgment was then granted as to that remaining claim.