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March 2009 - Case Review / Legal Alert

DeLuca v Creda-An amputation case Motion granting SJ Affrimed 2009 NY SlipOp 01769

We were successful in defending DeLuca v Creda (brief and oral argument by Shawn O’Shaughnessy, Esq.) This case involved a tow truck exiting a parking lot directly into our client’s motorcycle. His passenger is the plaintiff, a Nassau County police officer. She suffered a traumatic amputation of her leg left below the knee along with fractures and a collapsed lung. Our client was traveling in the right lane of Long Beach Road. We secured a deposition of a witness who confirmed that the tow truck driver did not stop before exiting the parking lot. The tow truck operator testified that he only made a rolling stop. The client saw the tow truck in the parking lot and was in the process of passing the parking lot when he was struck by the truck...Read Full Article

Campbell v Dennis--Defendant’s Verdict

Jim Bruckner tried this case, in Suffolk County, to a defendant’s verdict. The plaintiff was struck by our client’s vehicle after she hit a puddle of water drained from a basement into the roadway. The plaintiff claimed that she was required to undergo a cervical diskectomy and fusion surgery. The case was defended on proximate cause of the alleged injuries given the plaintiff’s long history of prior neck and back injuries and problems.The plaintiff had significant prior treatment including recommendations of surgery for her neck and back. The focus of our defense was that the treatment post accident was not any different than prior to the accident. She had similar symptoms and treatment prior to the accident...Read Full Article

Swain v Kidd –Defendant’s Verdict

Chris Lanigan, Esq. tried the above mentioned case to a defendant’s verdict in Queens Supreme Court with Justice Siegel. This was Summary Jury trial. The case involved an intersection accident on Merrick Blvd. The plaintiff and her husband were traveling on Merrick Blvd. Our client had a stop sign. We presented a non-party witness who established that the plaintiff operator was speeding and ran a red light at the intersection just before the site of the accident...Read Full Article

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