On December 4, 2020, GRSLBG&B’s Jeffrey S. Bell and Joseph C. Valenzuela obtained a dismissal in a personal injury matter wherein Plaintiff asserted various claims alleging the action of GRSLBG&B’s client, a New York based pharmacy, resulted in Plaintiff’s addiction to opioids and other prescription medications. Specifically, Plaintiff alleged that the pharmacy was negligent in filling excessive and improper prescriptions for opioids, and was negligent in failing to monitor the amount and dosage of prescription medication. In addition to compensatory damages, Plaintiff sought punitive damages.
At the onset of litigation, it was revealed that the pharmacy could not, and did not, fill any prescriptions for Plaintiff within the State of New Jersey. Indeed, any alleged impact in New Jersey resulted from the actions of Plaintiff, not the pharmacy. Additionally, it was established that the pharmacy did not advertise or otherwise solicit any business within New Jersey. In light of the uncontested proofs and applicable case law, the Trial Court granted the Motion to Dismiss Plaintiffs’ Complaint. The Court dismissed Plaintiff’s claims, as it was established that it would be unreasonable for the pharmacy to be haled into the Superior Court of New Jersey, absent any conduct which would avail itself to the laws of the State of New Jersey.
Congratulations to Jeff and Joe on a job well done!