Past Performance / Success Stories
LARGE INSURANCE CARRIER PAST PERFORMANCE
Project: Substantial water property damage when a sprinkler system failed in a public university setting.
Issue: Worked quickly to obtain insurance coverage from the responsible party for a national client.
Problem You Solved: Insurance coverage was obtained prior to any lawsuit, which in turn saved our client negative publicity which could have impacted the client’s business, saved on legal fees, and costs associated with litigation.
Project: Plaintiff brought a personal injury lawsuit against a state agency. The lawsuit involved a pedestrian being struck by a car in a work zone.
Issue: Plaintiff was disabled from his employment as a result of the accident. The car insurer had limits which were insufficient for the plaintiff’s damages. The insurer for the agency denied coverage.
Problem You Solved: We were able to obtain contribution from the insured’s contractors utilizing the Judge in the trial involving the agency only, resulting in minimal contribution to the settlement from our client.
Project: Plaintiff brought a lawsuit against the Defendant for civil claims of assault, false arrest, false imprisonment, and unreasonable search.
Issue: The lawsuit involved the Defendant retail store detaining an alleged shoplifter. The store employee admitted participation in the search of the shoplifter.
Problem You Solved: Obtained summary judgment for a national retail business in Federal Court which resulted in the case being dismissed.
Project: A Plaintiff’s firm commenced an action by serving the Defendant with a Summons and Complaint through the New York Secretary of State. Plaintiff then filed a motion for default judgment due to the Defendant not serving an Answer. We represented the Defendant who was never served with the Summons & Complaint by the Secretary of the State.
Issue: We opposed Plaintiff’s motion for default judgment and filed a cross-motion for leave to serve an Answer.
Problem You Solved: Based on our opposition and cross-motion, Plaintiff’s counsel withdrew his default motion and allowed Defendant to serve an Answer. In addition, our submission pointed out the weaknesses of the Plaintiff’s case requiring Plaintiff’s attorney to seek out the culpable parties.
Project: This products liability case involved a rubber expansion joint that failed causing Plaintiff to be severely burned by scalding hot water.
Issue: Our client installed a rubber expansion joint at the request of the owner that was designed to protect pumps and piping systems from changes in temperature and pressure while reducing vibration. The joint failed causing an explosion.
Problem You Solved: We Obtained summary judgment on behalf of our client who provided mechanical contracting services by proving the part was properly installed utilizing the testimony of a mechanical engineer.
Project: Defense in a personal injury lawsuit for a slip and fall.
Issue: The plaintiff alleged she fell due to the Defendant’s failure to maintain the property in a safe condition.
Problem You Solved: Defendant was not liable due to a storm in progress. I prevailed on appeal to the Appellate Division Fourth Department. In addition, the Fourth Department had never ruled on timing for “reasonable cessation” of a storm. The Court’s ruling on this issue created new favorable law for property owners in the Fourth Department.
Large Retail Grocery Chain/self-insured PAST PERFORMANCE
Project: Defense in a personal injury lawsuit for a slip and fall.
Issue: The plaintiff alleged she fell due to the Defendant’s failure to maintain the property in a safe condition.
Problem You Solved: Defendant was not liable due to a storm in progress. I prevailed on appeal to the Appellate Division Fourth Department. In addition, the Fourth Department had never ruled on timing for “reasonable cessation” of a storm. The Court’s ruling on this issue created new favorable law for property owners in the Fourth Department.
CONSTRUCTION PAST PERFORMANCE
Construction Accidents
Representative Matters:
• Obtained a favorable outcome for a state agency involving a construction accident. We were able to obtain contribution from contractors resulting in minimal contribution to the settlement from our client.
• Obtained defense and indemnification for our client, the prime contractor, for a construction project. In doing so, our clients, which included the construction manager, did not have to contribute to the settlement
Construction Defects
Representative Matters:
- Obtained insurance coverage for a national client to cover costs from water This was accomplished prior to any formal lawsuit, which in turn saved our client negative publicity which could have impacted the client’s business, legal fees, and costs associated with litigation.
Construction Contract Review / Litigation
Representative Matters:
- Drafted construction contracts for a major modernization project for a school district including insurance and indemnification sections which protected the school district by making the indemnification clause enforceable to the fullest extent permitted by The insurance requirements ensured that subcontractors had the proper insurance and that the school district had full protection.
Defense of General Liability
Representative Matters:
- Prevailed on appeal multiple times at the Appellate Division Fourth Department for a corporate client. We were able to prove that Plaintiff’s slip and fall happened while a storm was in progress; therefore, our client had no duty to remove snow or ice until the storm had ceased.
- Obtained summary judgement for a national retail business in Federal court. We were able to dismiss civil claims of assault, false arrest, false imprisonment, and unreasonable
- Obtained a No Cause verdict in a jury trial involving a customer who slipped and fell in the parking lot of a grocery store. We were able to prove that no dangerous condition existed for our client, the grocery store.
Product Liability Defense
Representative Matters:
- Obtained summary judgment on behalf of our client who provided mechanical contracting services. Our client installed a rubber expansion joint at the request of the owner that was designed to protect pumps and piping systems from changes in temperature and pressure while reducing vibration. The joint failed causing an explosion. We prevailed in proving the part was properly installed utilizing the services of a mechanical engineer.
- Obtained voluntary discontinuance for our client. Established that our insured had installed the lift gate for a delivery truck properly and any failure was due to a defect/alteration to a specific part of the lift gate.
Obtained a No Cause verdict in a jury trial involving an employee who slipped, fell, and sustained serious injuries rendering the employee disabled. The accident occurred in the trailer portion of a tractor trailer while delivering product. We were able to successfully prove that the refrigeration unit in the trailer was not defective
Defense of Catastrophic Injury / Wrongful Death
Representative Matters:
- Obtained a favorable outcome for our client, a driver for a national trucking company, when a pedestrian jumped out in front of his box truck and sustained a traumatic brain injury.
- Obtained a favorable outcome in a case where Plaintiff fell from a second story window and was paralyzed as a result. We were able to obtain the favorable outcome for our client prior to trial, which in turn saved our client legal fees and costs associated with a trial.
- Obtained summary judgment for our client, general contractor for a road construction project. We utilized a civil engineer expert to prove that co-defendant’s actions were the proximate cause of the accident.
Location
100 Office Park Way, Ste. 100
Pittsford, New York 14534
Phone
Phone (585) 454-6850
Fax (585) 270-4572