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On Thursday, July 14, 2011, Naulty, Scaricamazza & McDevitt partner Gerard X. Smith, a distinguished Philadelphia area Insurance Defense attorney, successfully defended a regional daycare center in a general liability matter in the Superior Court of New Jersey, Sommerset County. The case involved allegations that the defendants, a daycare center and a daycare teacher, were negligent in providing the proper supervision of the minor plaintiff - who suffered a spiral fracture of the femur while running after a fellow student on a tricycle during a recess period.

On behalf of the defense, Jerry argued that the defendant's employees were in a proper ratio to the students, that the children were appropriately supervised and that the defendants were at all times not negligent. Additionally, Jerry stressed that the defendant daycare teacher was located within a few feet of the minor plaintiff and that when she saw the plaintiff running after another student, she yelled for her to stop - at which point, the incident occurred. The jury found in favor of the defendants represented by Gerard X. Smith, Esq. The case was tried from Monday, July 11, 2011 through Thursday, July 14, 2011 before the Honorable Thomas C. Miller in the Superior Court of Somerset County, New Jersey.