Reed v. Kazmark – Erie County
Plaintiff alleged knee and back injuries stemming from a rear-end automobile accident, including a surgery to her knee. Defendant posited that Plaintiff’s conditions were due to pre-existing degenerative conditions. The Plaintiff claimed numerous “serious injuries” under the New York State Insurance Law including permanent limitation of use of the allegedly injured body parts. Following a trial on the issue of whether the Plaintiff had suffered a qualifying injury, the jury found in favor of the Defendant and awarded the Plaintiff no money damages.
McDonald v. Estate of Militello – Erie County
As a result of a rear-end accident, the Plaintiff was claiming numerous herniations in his neck. Hagelin Kent defended the claim on the basis of Plaintiff’s preexisting injuries. Following a jury trial in Erie County, the jury unanimously found in favor of the Defendant and awarded the Plaintiff no money damages.
Singh v. Reagan – 118 A.D.3d 1474 (4th Dep’t 2014)
The Erie County Supreme Court initially granted Defendant’s summary judgment motion on the issue of negligence and dismissed the Plaintiff’s claim based on the fact that he had darted out into traffic. The Plaintiff appealed the decision and the Appellate Division 4th Department found that the “Defendant established her prima facie entitlement to judgment as a matter of law by establishing that plaintiff stepped into the roadway from between stopped vehicles, two or three car lengths behind the crosswalk and directly into the path of defendant’s vehicle, leaving the defendant driver unable to avoid contact with plaintiff.” (Internal citations omitted).
McLeod v. Taccone – 2014 NY Slip Op 08178 (4th Dep’t 2014)
Plaintiff bicyclist brought suit against Defendant driver for injuries sustained in an accident that occurred in Monroe County. Defendant moved for summary judgment on the issue of negligence citing Plaintiff’s violation of the Vehicle and Traffic Law. Defendant also contended that Plaintiff was negligent for riding at night with dark clothing. Plaintiff thereafter cross-moved to preclude the testimony of a non-party witness. The Monroe County Supreme Court found in favor of the Defendant and the Plaintiff appealed. The Appellate Division 4th Department found in favor of the Defendant on the issue of the Plaintiff’s negligence and allowed the testimony of the non-party witness.
Crowley v. Coney – Niagara County
Plaintiff driver alleged that, as a result of a rear-end accident, he sustained injuries that necessitated an anterior cervical discectomy and fusion at C5-6 and C6-7, with a cervical plate from C5 through C7. Prior to trial, Plaintiff had demanded $300,000. Defendant’s position at trial was that the Plaintiff’s condition was caused by a preexisting degenerative condition. Following a jury trial on the issue of damages, a Niagara County jury found in favor of the Defendant and awarded the Plaintiff no money damages.
Islam v. Quasem – Queens County
As the result of an accident on Flatbush Avenue in Queens County, the Plaintiff in this matter alleged injuries to his neck and back. Prior to trial, Plaintiff had demanded $125,000 to settle the matter. Following jury selection in Queens County, the Plaintiff accepted a settlement of $5,000 from our client.
Szpara v. Szpara and Morley – Erie County
The Plaintiff in the subject action was a young child who was severely injured when his mother made a right turn in front of our client. Following a bifurcated trial on the issue of negligence only, Defendant Morley was found free of any negligence in the happening of the accident by an Erie County Jury.
Wysocki v. Wetzler – Erie County
Plaintiff brought suit against the Defendant as the result of injuries sustained when the Defendant’s motorcycle, which the Defendant was operating, struck a heaved portion of the highway. Defendant’s argued that the highway imperfection was an unforeseeable occurrence that rendered the Defendant not negligence. Following a jury trial before an Erie County jury, the Plaintiff was awarded no money damages.
Carter v. Davis – Erie County/Buffalo City Court
Plaintiff alleged injuries to his low back following a rear end accident in the City of Buffalo. Plaintiff initially attempted to remove the matter to Erie County Supreme Court. Defendant defeated Plaintiff’s motion for renewal and obtained a unanimous no-cause verdict in Buffalo City Court.
Dominicci v. Ford – Monroe County
Jones v. Leffel – AD 4th
McGee v. Meister – Erie County
The Plaintiff commenced suit against the Defendant based on theories of negligence and vicious propensity, alleging that Plaintiff had sustained injuries as the result of Defendant’s dog jumping at him and causing him to fall while rollerblading. Defendant moved for summary judgment premised on the fact that the subject dog did not have vicious propensities, and that the Plaintiff could not, under the law, bring suit under a negligence standard. The Erie County Supreme Court granted Defendant’s motion dismissing the case.
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