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Defense Case Results

Auto & Truck Defense Results

Marzullo v. Deellio, obtained jury verdict of just 15% culpability against truck driver who made right hand turn where plaintiff claimed he cut plaintiff off at right turn; jury put 85% fault on plaintiff driver.

Owsian v. Boehmer, obtained jury verdict in favor of defendant trucker who rear-ended plaintiff after plaintiff stopped in construction zone on New York State thruway; put 90% of fault upon co-defendant driver who had stopped in front of plaintiff’s vehicle causing plaintiff to stop short in front of trucker.

Maziarz v. John Doe, obtained jury verdict of just 1% culpability against defendant motorcycle driver who rear-ended City of North Tonawanda dump truck causing significant lower leg injury to plaintiff; put 99% of fault on City of Tonawanda dump truck.

Ptak v. Raines, successfully defended Estate of female adolescent driver who lost control of vehicle resulting in firey crash and death of a passenger; put 80% of fault on town for failure to properly sign curve in road.

Labor Law and Construction Accident Defense Results

Sherk v. The Pike Company, successfully defended this claim against the owner of a sewer plant that was being waterproofed by worker injured when he slipped in sewer basin on water and green slime claiming unsafe work place due to slippery condition.

Spoth v. P.A.T. Construction, successfully defended the contractor who was building a one-story home against claim by worker injured when he fell through hole left unguarded.

Elliott v. LPCiminelli, successfully defended claim against owners of the Marriott Hotel in Amherst, New York against claim of worker injured when he fell from stilts while doing drywall work (also successfully brough in insurance carrier for employer to place substantial liability on employer).

Scott v. Crystal Construction, successfully defended owner/contractor against claim by injured worker who fell from a ladder while he was working on electrical lines on a pole (expanded the law in the State of New York as to the recalcitrant worker defense). Scott v. Crystal Constr. Corp., 1 AD.3d 992, 768 N.Y.S.2d 745(4th Dept. 2003.

Premises Liability Defense Results

Emerick v. Smokin Joe’s, jury verdict in favor of defendant driver who rear-ended plaintiff defeating plaintiff’s substantial low back and neck injury claims and subsequent surgery.

Space v. Pumpkinville, obtained jury verdict in favor of defendant Pumpkinville against claim of plaintiff who fell as a result of a two step stairway despite multiple building code violations.

McCormick v. Pressing, obtained jury verdict in favor of a young man who was accused of negligence in knocking down ad gym teacher at a local public school.

Rachlin v. Jamison Roofing, obtained summary judgement in favor of defendant roofer as to whom plaintiff claimed defective workmanship in roofing repair work which lead to leaks in building and water on floor where plaintiff claimed to have slipped and fallen.

Tonkin v. Widewaters, obtained jury verdict in favor of defendant owner of a shopping plaza where plaintiff claimed to have slipped and fallen on a sheet of ice that was one inch thick and who claimed substantial low back injuries which necessitated at least three subsequent back surgeries.

Sharma v. Uniland Corp, obtained jury verdict in favor of defendant Uniland, owner of commercial property, where plaintiff claims to have slipped and fallen on snow and ice.

Collins v. Advanced Property, obtained summary judgement in favor of snow plow contractor where plaintiff claimed to have fallen as result of snow and ice on premises.

Botsford v. PMC, Inc., obtained summary judgment in favor of snow plow contractor where plaintiff claimed to have fallen as result of snow and ice on premises.

Sid Birzon, Inc. v. Jewelers Mutual, successfully defended Jewelers Mutual against claim of Sid Birzon, Inc. under it’s policy issued by Jewelers Mutual for the six figure theft of diamonds by proving negligence as to the security firm involved in the premises, Pinkertons.

Source v. E.J. Militello, obtained jury verdict in favor of defendant snow plow contractor against claim of elderly plaintiff who had slipped and fallen on snow and ice.

Products Liability Defense Results

Manel v. Morbark, obtained jury verdict in favor of defendant manufacturer of tree chipping machine where plaintiff was caught inside machine sustaining substantial injuries to arm and shoulder.

Dejoy v. Morbark, obtained jury verdict in favor of defendant manufacturer of tree chipping machine where plaintiff was caught inside machine sustaining substantial injuries to arm and shoulder.