5. Wendy Smith

Wendy H Smith | Attorney

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Wendy H Smith

Wendy H Smith

Marshall, Dennehey, Warner, Coleman & Goggin, P.C.

Real Estate, Lawsuit & Dispute, Industry Specialties, Commercial Real Estate, Administrative Law, Bankruptcy & Debt

Experience: 44 years
Call 732-910-1969 Visit Website

Main Office

425 Eagle Rock Ave
Suite 302
Roseland, NJ 07068

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About Wendy

Wendy has practiced in the area of construction defect/architects and engineers litigation for more than 20 years, representing general contractors, subcontractors and design professionals. She is an experienced litigator who has tried matters in both state and federal courts and has handled innumerable mediation and arbitration proceedings. As well, Wendy has handled numerous multi-party construction defect/architects and engineers and complex product liability actions, including class actions.

In 1978 Wendy graduated from Smith College with an A.B. in Economics and received her J.D. from Boston University School of Law in 1981. She served as Law Secretary to the Honorable Charles R. DiGisi, J.S.C., during the 1981-1982 Court term.

Wendy was admitted to New Jersey and the United States District Court for the District of New Jersey in 1981 and was admitted to the U.S. Court of Appeals, Third Circuit, and the United States Supreme Court in 1985. She is a member of the Bergen County, Essex County, New Jersey and American Bar Associations.

Significant Representative Matters

  • Achieved a defense verdict following a six-month trial in a $65 million construction case by establishing that the cause of water infiltration was differential movement, not client's work. In the same action, successfully defeated the developer/general contractor's post-trial motion for contractual defense and indemnity.

  • Obtained Summary Judgment in a construction/product liability case in which the demand was in excess of $10 million by establishing that the design of the system was doomed to failure prior to construction; therefore, any deficiency in the ductwork was not a proximate cause of the HVAC system's failure to meet specifications.

  • Successfully resolved through mediation, on behalf of the initial developer/project sponsor of a condominium project, a construction defect claim where the demand was in excess of $23 million by joining appropriate subcontractors, tendering client's defense to and demanding additional insured status from multiple subcontractors/carriers and retaining the appropriate engineering and architectural experts. As a result of these efforts, able to resolve plaintiff's claims for $7.8 million, limit client's contribution to $1.8 million, and obtain contribution in excess of 75% from the subsequent developer/project sponsor, architect and various subcontractors.

  • Obtained a $30,000 verdict following trial of a personal injury matter in which a young, diabetic woman claimed to have tripped and fallen on a defectively designed staircase, sustaining a trimalleolar fracture requiring open reduction with internal fixation. Plaintiff claimed to have sustained post-traumatic arthritis. Her expert testified that she would require subsequent surgery, most likely ankle fusion. Her pre-trial demand had been $1 million.

  • Obtained Summary Judgment dismissing plaintiff's complaint against client, a product supplier, in a product liability case in which the demand was in excess of $1 million based upon the Statute of Limitations. In the same action, obtained Summary Judgment dismissing the purchaser's cross claims for defense and indemnification based upon their failure to perfect their cross claims and upon the fact that once plaintiff's claims were dismissed, any verdict against them would be as a result of their active fault. I successfully defeated the purchaser's appeal of the Order granting Summary Judgment as to the cross claims.

    • Admission

    Verified New Jersey

    1981

    Marshall, Dennehey, Warner, Coleman & Goggin, P.C. Highlights

    Defamation & Slander, Industry Specialties, Real Estate, Other, Accident & Injury

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