Mario Castellitto and Sheryl Bruzzese Defeat Attempt by Plaintiff in Property Damage Case to Expand Cause of Action for Strict Liability for Inherently Dangerous Activities to Include Pile Driving

January 28, 2008

HAWTHORNE, NEW YORK - TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP is pleased to recognize Mario Castellitto and Sheryl Bruzzese on their victory in Idaho Associates, LLP  v. Horizen Global, LLC, et al, a case venued in New York Supreme Court, New York County. 

Mr. Castellitto and Ms. Bruzzese successfully defeated a motion by plaintiff, the owner of a building allegedly damaged by pile driving on their client’s adjoining property, to amend its complaint to add a strict liability cause of action based upon the alleged “inherently dangerous” nature of pile driving activities.  The New York Court of Appeals had previously held that parties who engage in “inherently dangerous” activities such as blasting are liable for damages caused to adjoining properties without regard to fault. 

The plaintiff sought to expand existing law to include pile driving as an “inherently dangerous” activity to which strict liability applied, and filed a motion to amend its complaint to allege a strict liability cause of action based upon the argument that, like blasting, pile driving is “inherently dangerous.” In opposition, Mr. Castellitto and Ms. Bruzzese argued that permitting amendment of the complaint would be futile because courts had previously held that pile driving in an urban environment does not qualify as an inherently dangerous activity to which strict liability should apply. The Court agreed and rejected plaintiffs’ argument that it had submitted evidence establishing that pile driving in an urban environment constitutes the type of “inherently dangerous” activity to which strict liability for damage to an adjoining property should apply. 

Thus, the Court denied Plaintiff’s motion to amend the complaint to assert a strict liability cause of action, finding that plaintiff’s had failed to demonstrate a meritorious claim for the modification or expansion of existing law.  Were Plaintiff’s motion granted, it could have established a far-reaching precedent for the assertion of such strict liability claims based upon pile driving in the future. 

TRAUB LIEBERMAN applauds the efforts of Mr. Castellitto and Ms. Bruzzese on behalf of their client.

For more information on Mr. Castellitto, a partner with Traub Lieberman, please visit:

http://www.traublieberman.com/profiles/mariocastellitto/

For more information on Ms. Bruzzese, and associate with the firm, please visit:

http://www.traublieberman.com/profiles/sherylbruzzese/