Saiber Wins Reversal of $7.7M Verdict Against Common Carrier Client

March 31, 2013

Saiber obtained from a three-judge panel of the New Jersey Appellate Division a unanimous published decision reversing and remanding for a new trial a $7.7M verdict in favor of a doctor who suffered extensive injuries on the premises of a train station owned and operated by our client, a major common carrier.  The court's determination that a common carrier owes to persons in its stations only the landowner's duty of "ordinary" care, and not (as the trial judge had erroneously charged) the heightened duty of care that a common carrier owes to passengers in transit, is obviously important to common carrier clients for future cases.  The appeal was handled by partner Sean R. Kelly with the assistance of attorneys Michael J. Grohs and Christopher J. Turano.