Michael T. Kearns

Michael Kearns is widely regarded as one of New Jersey’s premier trial attorneys, known for his exceptional skill in the courtroom and his ability to secure favorable jury verdicts in high-stakes civil litigation. With decades of experience, he has developed a reputation for delivering consistent results in complex, contested cases—often involving significant exposure for his clients. Whether representing individuals, businesses, or insurers, Michael brings a commanding presence and precise legal strategy to every phase of litigation, particularly in general liability, construction accidents, automobile liability, and catastrophic injury matters.

Michael has tried numerous jury trials to verdict in courts throughout New Jersey, earning the trust of clients facing serious legal and financial risks. His courtroom advocacy and cross-examination skills have resulted in an impressive record of defense verdicts across a wide range of personal injury, professional malpractice, insurance coverage, and product liability claims. His outstanding trial success has earned him certification by the Supreme Court of New Jersey as a Civil Trial Attorney—a credential awarded to fewer than 2% of attorneys statewide. Michael is especially adept at managing complex cases involving multiparty construction site accident litigation, claims of professional negligence against healthcare providers, and high-exposure automobile accident litigation.

Michael’s legal influence extends beyond the trial court to the appellate level, where he has secured significant victories. Most notably, he represented a major utility client in Funtown Pier Amusements v. JCP&L, a high-profile case stemming from a major fire loss during Superstorm Sandy in 2013. The trial court's dismissal of claims was upheld on appeal in 2024. The key to the win was Michael’s strategic emphasis on causation—successfully demonstrating that JCP&L was not the proximate cause of the fire and effectively discrediting the plaintiffs’ expert testimony. He has also argued and won published cases before the New Jersey Supreme Court, including Rocci v. Ecole Secondaire, a pivotal defamation decision, and Reyes v. Prudential Fox and Roach Realtors, which clarified the duty of care owed by real estate professionals. Additionally, he prevailed in Perri v. Prestigious Homes Inc., a consumer fraud matter before the Appellate Division. His appellate practice includes briefing and arguing appeals involving consumer fraud, negligence, insurance coverage, and business torts.

In addition to his litigation and appellate work, Michael is a trusted advisor and educator. He has routinely presented seminars to insurance carriers on New Jersey automobile insurance law and conducts in-service training for healthcare professionals on risk management and documentation practices to mitigate malpractice exposure. His balanced approach—grounded in advocacy, education, and strategy—makes him a highly respected figure among colleagues, clients, and the broader legal and insurance industries.

Areas of Focus

General Liability & Civil Litigation

• Defense of general liability claims involving bodily injury and property damage.
• Representation of property owners, businesses, and insured individuals in negligence and liability lawsuits.
• Risk management counseling to minimize exposure before and during litigation.

Automobile Liability

• Defense of bodily injury and claims arising from motor vehicle accidents.
• Handling of underinsured and uninsured motorist (UM/UIM) claims and insurance coverage disputes.
• Advising insurers and self-insured clients on automobile liability and risk mitigation strategies.

Construction & Catastrophic Injury Litigation

• Representation of clients in catastrophic construction accidents and high-exposure property damage claims.
• Defense of personal injury claims involving serious bodily injury and complex liability issues.
• Strategic litigation management for multiparty construction-related disputes.

Professional Malpractice Defense

• Defense of healthcare facilities, nursing homes, nurses, and physical therapists in malpractice litigation.
• Representation of ambulance squads and emergency responders in negligence and liability claims.
• Advising healthcare professionals on documentation standards and risk management practices.

Product Liability

• Defense of manufacturers, suppliers, and distributors in litigation involving allegedly defective or dangerous products.
• Handling of claims based on design defects, manufacturing defects, and failure-to-warn allegations.

Appellate Advocacy

• Preparation of appellate briefs and oral arguments in the New Jersey Appellate Division and Supreme Court.
• Successfully argued published appellate decisions, including Funtown Pier Amusements v. JCP&L (utility fire loss litigation), Rocci v. Ecole Secondaire (defamation), Reyes v. Prudential Fox & Roach Realtors (real estate professional liability), and Perri v. Prestigious Homes Inc. (consumer fraud).
• Strategic appellate litigation involving consumer fraud, defamation, negligence, and complex liability issues.

Representative Litigation and Trial Experience

 Automobile Liability – Jury Defense Verdict

• Achieved a favorable trial result in an automobile liability case in Ocean County Superior Court. The matter involved a left-turn collision where the plaintiff alleged serious injuries, including a fracture, arterial tear, and the need for future knee surgeries, while seeking over $1.1 million in damages. After stipulating to liability and trying the case solely on damages, the jury awarded just $128,300—significantly less than the plaintiff’s final $900,000 settlement demand. The outcome represented a substantial victory for the defense following a four-day trial.

Personal Injury – Jury Defense Verdict

• Successfully defended a client in a multi-defendant construction site accident case in the Bronx, New York. After a two-and-a-half-month trial, the jury found that Michael’s client bore no liability, resulting in a complete defense verdict. Other defendants in the case were found negligent, and the plaintiff was awarded a multi-million-dollar verdict against them.

Personal Injury – Jury Defense Verdict

• Defended a client accused of assaulting a security guard during an altercation at a New York Jets football game. The plaintiff alleged significant back injuries requiring multiple surgeries. After a one-week trial, the jury found in favor of the defense, concluding that the client was not negligent and returned a no-cause verdict.

Property Damage from House Fire – Jury Defense Verdict

• Successfully defended a chimney restoration company in a property damage lawsuit arising from a residential fire. The homeowner’s insurer sought to recover over $369,000, alleging negligence and breach of contract for failing to identify concealed combustible framing behind a masonry chimney. After a four-day trial focused solely on liability, the jury unanimously found in favor of the defense, concluding the company was neither negligent nor in breach of contract.

Appellate Victories

• Prevailed in Funtown Pier Amusements v. JCP&L, a high-profile case involving claims that a utility company's equipment caused a devastating fire following Superstorm Sandy in 2013. The trial court dismissed all claims, and the Appellate Division upheld the decision in a published opinion in 2024. The defense centered on disproving proximate cause and discrediting expert testimony. The ruling reinforced evidentiary standards for causation in complex property loss litigation.
• Successfully prevailed on appeal on behalf of a student-tenant client in a case Mercer Ins Co. v. Baron arising from a residential fire in New Brunswick. The home insurer had sued the tenants and their guests, alleging their negligence caused the destruction of the property. Following trial, the jury unanimously found that the landlords were solely responsible for the damage, clearing the tenants of all liability.
• Prevailed before the New Jersey Supreme Court in the defamation case Rocci v. Ecole Secondaire MacDonald-Cartier. The plaintiff, a teacher, alleged defamation based on statements made during a school trip. The Court held that plaintiffs must demonstrate actual malice and concrete reputational or pecuniary harm when a matter involves public concern. This decision clarified important limits on presumed damages under New Jersey law.
• Argued before the New Jersey Supreme Court in Reyes v. Prudential Fox & Roach Realtors, a case defining the duty of care owed by real estate brokers in short-term rental transactions. The plaintiff’s guest was injured on a rental property and claimed the broker should have inspected for dangerous conditions. The Court ruled that brokers facilitating short-term rentals do not have a duty to inspect properties, clarifying the legal responsibilities of realtors in New Jersey.
• Successfully represented the appellant in Perri v. Prestigious Homes Inc., a consumer fraud case involving allegations of nondisclosure of flooding issues in a waterfront property sale. The plaintiffs claimed violations of the New Jersey Consumer Fraud Act and common law fraud. The New Jersey Appellate Division affirmed the dismissal of the claims, finding insufficient evidence to support the allegations. This decision reinforced the standards required to prove consumer fraud and misrepresentation in real estate transactions.

Affiliations

• Certified by the Supreme Court of New Jersey as a Civil Trial Attorney

Awards

• New Jersey Super Lawyers list, 2021

•