VERDICTS & SETTLEMENTS

Verdicts & Settlements

We are available to consult with you and provide our advice with respect to your legal matter. There may be those instances when a settlement is unable to be achieved. In such instances, we are committed to taking all necessary action to protect your interests which include taking a case to trial. Call Scholl & Whittlesey, LLC today at (908) 788-9000 to learn more.

Scale and Gavel on Table — Flemington, NJ — Scholl & Whittlesey, LLC

Case Results

  1. Mr. Scholl served as co-counsel defending an accomplished equestrian trainer and international competitor in the discipline of dressage, accused of gross negligence and punitive misconduct, arising from a training accident involving a four (4) year old Stallion. Mr. Scholl prepared legal submissions and argued both pre-trial and in limine motions that were presented in advance of a jury trial, limiting the scope of testimonial evidence and legal arguments adverse to the client’s interests that could be offered at trial. Mr. Scholl conducted the opening statement and undertook the direct and re-direct examination of the accused defendant and other fact witnesses in a week-long trial resulting in a no cause of action verdict. The verdict was the subject of reporting in Ms. Nancy Jaffer’s column, On the Rail, for Equestrian Sports, in the Sunday, May 3, 2015 edition of the New Jersey Star-Ledger.

  2. On behalf of a Condominium Association within an age-restricted development, Mr. Scholl defended the claims of the Homeowner’s Association Board within the same development denying financial responsibility for certain Community amenities, including stormwater management basin and clubhouse. The Homeowner’s Association alleged omissions in the governing documents relieving them of the obligation to either maintain or contribute to the principal stormwater feature in the development, as well as contesting the categories of charges and their amounts for the clubhouse; alternatively seeking a monetary credit against the Condominium Association in excess of $23,000.00. The dispute was adjudicated in a bench trial, before a Superior Court Judge, resulting in findings establishing a property interest under which the Homeowner's Association was required to contribute toward the past, present, and future expenses of the stormwater management basin under a gross area analysis. A monetary judgment following trial was entered against the Homeowner’s Association, in favor of the Condominium Association for the full amount of damages sought, rejecting any claim for monetary credits. An appeal taken by the Homeowner’s Association challenging the legal conclusions of the trial judge, filed by the Homeowner’s Association, was denied in its entirety in 2018, resulting in the Homeowner’s Association being responsible for basin maintenance and operating expenses at the percentage advocated by the Condominium Association at trial, through its professional engineering expert.

  3. Our office achieved the settlement of a civil lawsuit in 2016 for malicious prosecution and related tort causes of action filed against a private county-based organization advocating the protection of animal rights. This organization was responsible for directing the issuance of both civil and criminal charges against an accomplished equestrian for allegedly overworking and abusing a horse under his care. The criminal charges were aggressively defended, resulting in their dismissal. Findings of the animal cruelty investigator/humane enforcement officer were challenged by expert witnesses engaged by our office on behalf of our client. Following the oral depositions of the animal cruelty/humane enforcement officer and the founder of the organization conducted by Mr. Scholl, the case settled for $375,000.00.

  4. A restaurant manager in her late 50s suffered a fractured ankle and chest injuries resulting from a motor vehicle accident. After conducting a detailed records search and associated investigative work confirming the at-fault driver maintained only the statutory minimum liability insurance and had no assets, Mr. Scholl successfully advocated a Longworth claim to collect the full underinsured motorist limits under the client’s automobile policy, of $100,000.00 in 2017.

  5. Mr. Scholl actively defended in calendar year 2017, a contested legal proceeding before the Chancery Division, General Equity Part, involving the rights of a commercial property owner and landlord of three multi-story fully tenanted office buildings, filed by a grass roots public interest group picketing the office of an elected public official in the Center. Demonstrators were restricted to a public right of way along the highway, with assembly near buildings, the use of bullhorns, as well as on-site parking by demonstrators, prohibited. 

Disclaimer

Every case is an individual one, having its own unique facts, circumstances, and legal issues. The excerpts recited above are offered as an example of results we have achieved for past/present clients and should not be interpreted as a predictor of future results. Call Scholl & Whittlesey, LLC today at (908) 788-9000.

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