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CG&P Secures Dismissal of Subrogation Claim Brought Against Construction Company

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CG&P Secures Dismissal of Subrogation Claim Brought Against Construction Company

On April 15, 2014, Judge Karen Murphy granted CG&P’s pre-answer motion to dismiss a subrogation claim against a scaffolding company for negligence on the grounds that it was barred by the statute of limitations. Judge Murphy agreed with CG&P’s arguments that a cause of action for negligence is always governed by a three-year statute of limitations, regardless of whether the negligence action is brought by a subrogee. Judge Murphy futher agreed with CG&P’s argument that in construction law cases a cause of action accrues on the date the alleged negligence occurs and the date is not tolled by the continuation of the construction. The case was handled by CG&P Associate William Schleifer.