Summary Judgment- Monmouth County Superior Court

Bailey v. G&D Livery Services
In Bailey, a taxi was dispatched to pick up plaintiff and his friends at Brannigan’s Bar & Grill in Red Bank, New Jersey. When the taxi arrived, plaintiff decided he no longer needed the ride. A dispute arose after plaintiff refused to pay for the fare. The taxi driver exited the vehicle and stabbed the plaintiff. As a result, plaintiff sustained a laceration to his hand which resulted in permanent scarring and nerve damage.

Prior to the discovery end date, Philip Odett filed a motion for summary judgment on behalf of G & D Livery Services and its owner Gary Damanti. Mr. Odett argued that the assailant taxi driver was not acting in the scope of his employment when he assaulted the plaintiff. After oral argument, Judge Dennis O’Brien agreed and granted the motion dimissing the case with prejudice against the clients.