Michael Kearns and Juliann Alicino Prevail in Appellate Division in Fire Related Breach-of-Lease and Negligence Case
On January 25, 2022, the Appellate Division upheld the trial court’s decision in Mercer Ins. Co. v. Baron, in which Michael Kearns and Juliann Alicino prevailed in an appeal on behalf of their client, a student/tenant. The case arose out of a fire in a residence in New Brunswick. The home insurer sued the tenants and house guests, all local college students, arguing that the destruction of the residence was due to their alleged negligence. However, at the conclusion of the trial, a jury unanimously agreed that the landlords were fully responsible for the damage to the house.
Juliann prepared all pre-trial motions and Michael tried the underlying case in the Superior Court of Middlesex County. On appeal, Juliann prepared the appellate briefs and Michael successfully argued the case. The Appellate Division agreed that the jury’s verdict should not be disturbed.