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Recent Favorable Verdicts
James M. Carman, Esq., a partner at CC&I, recently obtained a defense liability verdict in the case of Irma Alli v. Steven Lucas and Elrac, Inc. The Plaintiff alleged injuries due to a motor vehicle accident, that included a brain injury, multiple fractures and surgery. The Plaintiff, who was a pedestrian at the time of the accident, testified at trial, that she was struck by the defendant’s car as she was crossing the street within a crosswalk. In contrast, the Defendant testified that the Plaintiff was not within a crosswalk, and rather, entered the street at a mid-block location. Upon the conclusion of the testimony, the Queens County jury rendered a verdict in favor of the Defendants, determining that the Defendants were not responsible for the Plaintiff’s injuries.
See more favorable verdicts. Recent Favorable Appellate Decisions
Progressive Casualty Insurance Company a/s/o Stephen Maffee v. New York State Insurance Fund, (Appellate Division, Second Department, Docket Number 5315/07)
Order Date: January 8, 2008
CC&I filed an appeal of a lower court decision which denied Progressive’s motion to vacate an arbitration award that required Progressive to reimburse No-Fault first party payments paid by the New York State Insurance Fund to its employee. The employee was a garbage collector and was struck by Progressive’s insured’s vehicle, while he was standing in the street near his garbage truck. An arbitrator determined that the garbage truck was involved in the accident, despite the fact that there was no contact between the Progressive vehicle and the garbage truck, and therefore the New York State Insurance Fund was permitted reimbursement of the No-Fault benefits it paid, under Insurance Law §5105. Progressive filed a motion to vacate the arbitration award, which was denied. On appeal, CC&I argued that the decision lacked any rational basis, as the garbage truck was not involved in the accident. The Second Department agreed with this position, and reversed the lower court’s decision.
See more favorable decisions...
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