(New Bedford, MA) (November 25, 2025) - Wood Smith Henning & Berman, led by Partner Luana DiSarra Scavone and assisted by Senior Associate Brandon P. Ruggieri, secured a significant victory on behalf of our client, a former property management company, in a complex case arising from a catastrophic fire that involved two wrongful death actions and four personal injury lawsuits, plus other potential claimants not yet identified. Despite tenacious opposition and the complicated discovery posture, the court granted the firm's motion for summary judgment, finalizing the case in the client's favor and the judicial decision was not appealed by any party.
A Hard-Fought Win in the Early Stages of Discovery
Opposing parties argued against the dispositive motion on both substantive and procedural grounds, asserting that summary judgment was premature because written discovery and depositions had not been completed. The opposing parties further argued that the former property management company had control of the property at the time of the alleged negligent acts for which it may be liable, which included the alleged failure to repair and the alleged concealment of a purported property defect. The court rejected those arguments, agreeing with the WSHB team and concluding that additional discovery would not alter the dispositive legal issues and the undisputed material facts supporting a judgment in the defense's favor.
Legal Principles Reinforced
The decision reaffirms well-established negligence principles that an entity cannot be held liable for property conditions when it did not own, control, or have any contractual obligation to repair or maintain. The Court specifically recognized that the former property management company had no right to control the premises at the time the fire occurred and, therefore, the company owed no duty of care to the plaintiffs. The court's ruling also demonstrates that summary judgment may be appropriate in the early phases of litigation, even where discovery is not completed, when the remaining evidence sought to be developed is immaterial to the dispositive issues.
"This was a particularly important win given the severity of the losses and the number of plaintiffs involved. The court rightfully recognized that no amount of additional needless discovery would change the material undisputed facts demonstrating that our client had no duty or responsibility relating to the allegedly hazardous instrumentality that caused the fire," said Luana.
The client was absolutely thrilled with this result, not only because WSHB prevailed on every argument, but also because obtaining summary judgment at this early stage saved a significant amount of legal and financial resources. It is a textbook example of how strategic, focused motion practice can meaningfully shape the trajectory of high-exposure litigation.
A special thanks to Senior Associate Brandon Ruggieri, who did a phenomenal job assisting with investigations, discovery, legal research and analysis in support of the summary judgment motion, and taking the lead in writing reply briefs to all oppositions. This result would not have been possible without his exceptional contributions.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.