News

On June 1, 2023, Higgins, Cavanagh & Cooney attorneys successfully secured final judgment in favor of a popular nationwide supermarket chain during the early discovery phases of the litigation. The Providence County Superior Court granted final judgment in favor of Defendant where Plaintiff failed to appropriately respond to discovery requests in a timely manner. Notably, HCC was able to secure the favorable outcome less than 9 months from the date the lawsuit was filed, resulting in an efficient and cost-effective result for the client. The case was defended by Higgins, Cavanagh & Cooney attorneys Peter Garvey, Adrianna Hughes, and Meagan Bellamy.

Plaintiff alleged personal injuries after a slip and fall in the store.  As litigation commenced, Plaintiff did not actively prosecute the claim nor respond to Defendant’s discovery requests. HCC aggressively defended the case by pushing toward dismissal through discovery motion practice. Defendant moved for Court Orders compelling the outstanding discovery and conditionally dismissing the case for Plaintiff’s noncompliance, which were all granted in Defendant’s favor. Eventually, Defendant sought entry of final judgment due to Plaintiff’s continued failure to respond. After a hearing on Defendant’s motion, the Court ruled that a complete dismissal of Plaintiff’s claims and judgment in Defendant’s favor was warranted.

In so doing, HCC continues its longstanding tradition of successful and zealous client advocacy throughout all phases of litigation.

For inquiries on the above, or any other defense need, contact Peter at pgarvey@hcc-law.com, Adrianna at ahughes@hcc-law.com,  and Meagan at mbellamy@hcc-law.com, our firm website, or Linkedin profile pages.

HCC would like to congratulate James. A Ruggieri, Paul S. Callaghan, Peter E. Garvey, Stephen P. Cooney, Gerald C. DeMaria, Melissa M. Horne, Meagan M. Bellamy, Lauren E. Moore and Alexander Prinscott for their recognition by Rhode Island Monthly for Professional Excellence in Law.

HCC is pleased to announce the addition of Todd D. Amaral as a law clerk in our Providence office. Todd is a rising 3L at Roger Williams University School of Law where he is a member of the Law Review Editorial Board, Honors Program, and a two-time Sea Grant Law Fellow. He graduated from Boston University with a Bachelor of Arts in International relations and received his MBA from Providence College. Previously, Todd worked in corporate finance, internal audit, and fraud prevention. Welcome, Todd! We are proud to have you on board!

It was a beautiful Mother’s Day celebrating the annual Gianna Cirella Memorial 5k race/walk with both past and present HCC team members. It was a great cause, with great people, and a great day to share with everyone.

For more information regarding this very worthwhile charity for sepsis awareness, please visit gistrong.org.

HCC partner Peter E. Garvey and associate Adrianna Hughes recently secured a directed defense verdict in a six-figure premises liability “slip and fall” in Bristol County Superior Court in New Bedford, Massachusetts. The Honorable Judge Jackie Cowin, presiding, granted the motion on the basis that the defendant lacked the requisite control over the subject premises to be held liable for any negligence alleged by the plaintiff.

The plaintiff contended that the defendant, a parent company of the restaurant location where plaintiff allegedly slipped and fell, was negligent in failing to maintain the premises by allowing water to remain in an area of the restaurant. At trial, however, Garvey and HCC associate Adrianna Hughes established that the defendant was a mere parent company who lacked control or possession of the restaurant, and that plaintiff had also to prove any conduct by the defendant that warranted a “piercing of the corporate veil” to hold it liable through its subsidiary.

Ruling from the bench, the Honorable Judge Cowin agreed that plaintiff had failed to put forth any evidence that the defendant was negligent or that it should be held vicariously liable for any alleged negligence of its subsidiary. She directed a verdict in the defendant’s favor.