VERDICTS
Sara Romero v. Elrac, et. al., Index Number:106004/05 (New York County, J. Stackhouse)
Verdict Date: March 31, 2008
This action involved a bodily injury claim commenced by the Plaintiff who claimed that she was struck by a car owned by Elrac. However, the driver of the Elrac vehicle denied that she was involved in the accident and instead reported that she made a turn at an intersection and observed the Plaintiff, who was already on the ground. The Elrac driver testified at Trial that she merely pulled over to the side of the road to assist the Plaintiff. The Plaintiff testified that she was a pedestrian struck by the Defendant's car, while the Defendant testified that she was merely a good Samaritan who stopped to help the Plaintiff. The Defendant denied that her vehicle struck the Plaintiff. Upon the close of testimony, the Jury reached a determination that the Defendant was not liable for the accident.
Morley v. Elrac and William Waldron, Supreme Court, Nassau County: Index Number 642/0
Verdict Date: September 2007.
Retained to defend both the owner and operator in a pedestrian/ motor vehicle accident that occurred on a Saturday morning at 2:00 AM. Plaintiff's damages were catastrophic and included (30) days in a coma and 18 months in a nursing home. At age 48 he was determined to be completely disabled and the demand to settle the claim stood at $4,500,000.00 before trial. At trial we were able to secure a defense verdict on liability demonstrating that the accident was the fault of the pedestrian.
Howard Bernstein v. Michael Diaz, et. al., Index Number 22954/00 (Suffolk County, Judge Baisley, Jr. )
Verdict Date: August, 2006.
This lawsuit involved a claim for significant personal injuries arising out of a motor vehicle accident which allegedly caused the plaintiff to submit to corrective back surgery that caused him to lose his business. The pre-trial settlement demand was $750,000.00.
CC&I represented Enterprise Rent a Car and the individual who rented the vehicle arguing at trial that the renter did not give permission to a male resident who was living in the house to use the vehicle. Despite the fact that another car was available at the home, we were able to convince the jury that the Enterprise vehicle was not being operated with her permission. The jury accepted this position and rendered a defense verdict.
Jesus Taveras, et. al. v. Muhammad Amir, et. al., Index Number 28477/02 (Kings County, J.Shack )
Verdict Date: April 17, 2006.
This claim stemmed from a three-car accident, in which CC&I represented the lead vehicle who it was claimed had defective brake lights and had stopped for no reason in the road way while facing a green light. The Plaintiff was a passenger in the vehicle directly behind the lead vehicle. Following the presentation of evidence at the liability portion of the trial, the jury found CC&I's client to have no liability. The case proceeded to damages with the Plaintiff ultimately securing a verdict in an amount just above $9,200,000.00
Claudia Celestin v. Raul Pereira, et. al., Index Number 5595/02 (Kings County, J.Vaughan)
Verdict Date: March 23, 2005.
The plaintiff in this case was a guest passenger in a two-vehicle collision. She claimed to have sustained significant damages to her knee that prevented her from being a professional dancer. She also claimed that she would be required to submit to joint replacement surgery involving her knee. Plaintiff at the close of the damages case requested that the jury award $1,500,000.00 to compensate the Plaintiff for her injuries.
On behalf our client, we demonstrated that there was a delay between the accident date and the onset of Plaintiff's knee complaints by securing her primary care physician and having him testify at trial. With this testimony, as well as a video tape of her dancing at a wedding, CC&I's trial counsel was able to convince the jury that there was no claim and the jury awarded her no damages.
Urszula Bielska and Leon Bielski v. Scott Hene, et. al., Index Number: 3521/03 (Nassau County, J. Lamarca)
Verdict Date: June 2005.
This was a two vehicle collision where CC&I's clients crossed over a double yellow line into oncoming traffic during a heavy rainstorm. Plaintiff was a guest passenger in the other vehicle. After acknowledging the cross-over, CC&I's trial attorney argued to the jury that our client did nothing wrong and that the rain storm was the reason for the cross-over. The jury accepted this position and returned a defense verdict for CC&I's client.
MOTION DECISIONS
Peter Allman v. MCO, et.al., Index Number: 23427/05 (Queens County Supreme Court, J. Satterfield)
Order Date: January 29, 2008
The Plaintiff alleged that he slipped and fell in a pool of water on the restroom floor of a McDonald’s restaurant. CC&I filed a motion for summary judgment on behalf of McDonalds asserting that McDonalds could not be held liable as it did not have notice of the alleged defective condition and it did not create the alleged condition. The Court agreed with this position and dismissed the Plaintiff’s Complaint.
Antonio Aedo v. Cox, Index Number: 10924/03 (Westchester County Supreme Court, J. La Cava)
Order Date: May 16, 2007
The Plaintiff claimed injuries arising from a car accident, that included herniations and an impaired gait. The Defendants filed a motion for summary judgment asserting that any injuries caused by the accident were minor in nature and did not rise to the level of a serious injury. It was further argued that any continuing limitations were either pre-existing or unrelated to the accident, and rather the result of an undiagnosed Parkinson’s disease-like condition. The Court accepted the defense position and granted summary judgment in favor of the Defendants.
Berry v. Salley, Index Number: 24249/03 (Bronx County Supreme Court, Judge Friedlander).
Order Date: September 25, 2006.
The Plaintiff in this action was involved in a motor vehicle accident and alleged that she sustained torn menisci in both knees, for which she underwent bilateral knee replacement surgeries. The Plaintiff's settlement demand was $850,000. CC&I's managing attorney filed a motion for summary judgment asserting that the Plaintiff's injuries were degenerative in nature and unrelated to the subject accident. The Court accepted this position and dismissed the Plaintiff's action. Read full decision (PDF).
Chadderton v. Galia, Index Number: 10020/02 (Nassau County Supreme Court, Judge Palmieri).
Order Date: March 8, 2004.
This claim involved a 14 year old girl, who was struck by CC&I's client's vehicle, while she was riding a bicycle. Due to the accident, the Plaintiff fractured her femur, thumb and nose, and underwent open reduction and internal fixation surgery. CC&I's handling attorney moved to dismiss the Plaintiff's claim, on the grounds that their client was not negligent, and that the Plaintiff's actions were the sole cause of the accident. Before making the motion, CC&I secured the sworn testimony of a non-party witness who was favorable for it's client, and was able to rely upon this testimony when making the motion.
The Court agreed with CC&I, and issued an Order dismissing the infant Plaintiff's claim.
Crespo v. Elrac, Index Number: 46438/02 (Kings County Supreme Court, Judge Torres).
Order date: January 24, 2006
Claim involved a two vehicle accident where the plaintiff contended that our client caused him to sustain a back injury that required him to submit to back surgery and left him permanently disabled as a painter.
After the completion of discovery, CC&I's handling attorney moved to dismiss the action based upon the existence of a back problem that occurred 10 years prior. Based upon the pleadings, the court granted CC&I's motion even though the plaintiff had already submitted to surgery and had economic damages in excess of $250,000.00. Plaintiff's settlement demand stood at $1,000,000.00. Read full decision (PDF).
Chen v. Emrealp, Index Number: 113982/04 (New York County Supreme Court, Justice Tingling).
Order Date: October 14, 2005.
This claim involved a two car accident, in which the Plaintiff was the passenger in a vehicle involved in an accident with CC&I client's vehicle. The operators of both vehicles alleged that the other car crossed over a double yellow lane into oncoming traffic. The Plaintiff claimed that as a result of the accident she lost a fetus and sustained serious internal injuries. The handling attorney at CC&I filed a motion to dismiss the Plaintiff's claim on the grounds that it's client was not liable for the subject accident, and that the only admissible evidence before the Court was that the other vehicle caused the accident. Based on CC&I's evidentiary arguments, the Court granted the motion and dismissed the Plaintiff's claim. Read full decision (PDF).
Fleming v. Forty, et. al.: 9746 CV 2005 (United States District Court, Southern District of New York, Judge Cote)
Order Date: April 4, 2007.
The Plaintiff in this action claimed that she was seriously injured in a motor vehicle, and was unable to perform her usual work duties for more than six months after the accident. CC&I filed a motion for summary judgment on behalf of the Defendants on the grounds that the Plaintiff did not satisfy the serious injury threshold requirements of New York State's Insurance Law. The Court accepted CC&I's position, granted that branch of the Defendants' motion seeking summary judgment and dismissed the Plaintiff's bodily injury claim. The Defendants also moved to dismiss the Plaintiff's claim for lost income, on the grounds that the claim was barred by New York State's No-Fault laws. The Court also agreed with this portion of the Defendants' motion, and dismissed the Plaintiff's action for lost income.Read full decision (PDF).
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.
Michael Ingham, Esq., a partner at CC&I, was recently featured on the front page of the New York Law Journal for obtaining a reversal of an Order in the Appellate Division, Second Department, on behalf of the Jericho Water District, which resulted in the Jericho Water District being deemed a municipality and exempt from paying certain fees. Read full decision (PDF).
Reyes v. Diamond State Insurance Company, 2006 WL 3801939 (2d Dept. 2006).
On December 26, 2006, the Appellate Division, Second Department issued a decision reversing a lower Court decision stemming from a declaratory judgment action in which the lower Court held that Diamond State Insurance Company's excess policy was not available as coverage in an underlying bodily injury action. The underlying claim stemmed from a motor vehicle accident, involving a rental vehicle owned by Dollar Rent A Car. The renter of the Dollar vehicle purchased optional coverage with liability limits of $1,000,000, which was provided by Diamond State Insurance Company. Diamond State Insurance Company sought to avoid providing coverage in the underlying action, on the grounds that the driver of the vehicle was an unauthorized driver. CC&I, on behalf of the renter, argued in its appeal that Diamond State Insurance Company's $1,000,000 policy was available as excess coverage, as Diamond State Insurance Company did not issue a timely disclaimer. Diamond State argued that it did not have to issue a timely disclaimer, as it was an excess carrier. The Second Department agreed with CC&I's position and reversed the lower Court decision. Read full decision (PDF).
Mirabelli v. Elrac. New York Supreme Court, Appellate Division, Second Department, Index No.: 25395/02)
Order Date: June 13, 2006.
CC&I successfully filed a motion for summary judgment on the grounds that the Plaintiff did not sustain a serious injury. The Plaintiff appealed the decision and CC&I submitted Briefs on opposition to the appeal. The Appellate Court agreed with CC&I's position and upheld the dismissal on the Plaintiff's action. Read full decision (PDF).
Williams v. Precil: (New York Supreme Court, Appellate Term, Second Department, Cal. No. 05-1166QC)
Order Date: September 26, 2006.
This claim involved a motor vehicle accident, in which the Plaintiff claimed that she injured her neck, back and shoulder. CC&I filed a motion for summary judgment which sought a dismissal of the Plaintiff's action, as the basis that her injuries were minor and did not satisfy the "serious injury" threshold requirement of Insurance Law ¤5102(d). The Queens County Civil Court agreed with our arguments and granted our motion for summary judgment. Plaintiff then appealed the decision to the Appellate Term, Second Department. CC &I prepared the Briefs in opposition to the Appeal, and the Appellate Term sustained the lower court's decision. Read full decision (PDF).
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