Dana has been a practicing litigation attorney for more than 30 years and has focused his practice on insurance coverage disputes, construction litigation, premises liability and products liability law. He has extensive experience litigating complex insurance coverage issues arising in construction, landlord and tenant, and other casualty matters.
In 1983, Dana was certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Prior to joining Marshall Dennehey Warner Coleman & Goggin, he was a managing partner of Carton, Arvanitis, McGreevy, Argeris, Zager & Aikins, where he practiced for 29 years. Dana graduated from the University of Virginia in 1971 with a B.A. in Political Science. He received his juris doctor, cum laude, from Suffolk University in 1975.
Significant Representative Matters
•Aebi v. Monmouth County Hwy. Dept., 148 N.J. Super. 430 (App. Div. 1977). Secured summary judgment by successfully arguing that the County was not responsible for providing an emergency sign or device that the roadway was being suddenly reduced to the width of a bridge.
•Edelstein v. Toyota Motor Distributors, 176 N.J. Super. 57 (App. Div. 1980). Handled the successful appeal which resulted in a reversal of the trial court's Judgment against Toyota and a dismissal of all products liability claims.
•New Jersey Auto Full Ins. Underwriting Ass'n v. Liberty Mutual Company, 270 N.J. Super. 49 (App. Div. 1994). Secured a reversal by the Appellate Division on statute of limitation grounds in a case of first impression concerning the New Jersey PIP reimbursement statute.
•Dixon v. Jacobsen Mfg. Co., 270 N.J. Super. 569 (App. Div. 1994). Successfully handled the defense of a significant products liability claim with a defense verdict, a partial reversal by the Appellate Division on continuing duty to warn grounds, and then negotiated a settlement for less than the pre-trial settlement offer.
•Represented owner and maintenance provider of tank wagon which split open and spilled 4,500 gallons of hydrochloric acid resulting in 20 significant lung and breathing impairment claims. Secured 50% contribution from tank wagon manufacturer of 25-year-old tank wagon by arguing that it had a continuing duty to warn.
•Represented subcontractor in defense of contractual indemnification and additional insured claims by general contractor in scaffold collapse case in which seven employees fell seven stories, with one death, a brain injury, a blindness and hearing loss claim, and other significant injuries. Negotiated 40% contribution by the general contractor and 30% contribution by a joint venturer, resulting in my client paying considerably less than they had anticipated of the multimillion dollar settlement.
•Secured reimbursement of $1,200,000 on behalf of insurance carrier for landlord from liability carrier of tenant in post-trial coverage action notwithstanding the fact that the cause of the fire had been found by the jury to be 75% the fault of the landlord and 25% the fault of the tenant.
•Secured additional insured coverage from the insurance carriers for two subcontractors on behalf of my client, the general contractor, resulting in shifting of the entire risk for the plaintiff's brain injury claim to those two carriers.
•Defended general contractor on near amputation/significant open fracture claim resulting from unbolting of 1,100 pound fan, and secured loading and unloading coverage from plaintiff's automobile insurer covering trailer being pulled by his pickup (onto which the fan was to be loaded), and secured contribution from owner for owner furnished rental equipment.
•Civil Trial Attorney, Supreme Court of New Jersey
•The Duty To Defend Under an Indemnification Clause, All Defendants Secure Summary Judgment - Two Wrongs (the Trial Court and Appellate Division) Don't Necessarily Make a Right, at Least as to a Question Not Answered by the New Jersey Supreme Court, Defense Digest, Vol. 17, No. 4, December 2011
•Indemnification and Insurance Coverage Disputes, Liberty Mutual, 1998, 2003, 2004, 2006 and 2008
•Loading and Unloading Coverage Issues, Liberty Mutual, 2004
Year Joined Organization: 2005