On January 22, 2016, following a two and one half week trial, Stephen Toner, won a defense verdict in a medical malpractice case in Westchester County, Slade v. Kaul, Index No.: 62564/2012, The plaintiff suffered from Achalasia, a rare and incurable disease that obstructed her ability to swallow. Our client, Dr. Kaul, performed laparoscopic surgery to release the muscle contracture in the plaintiff’s esophagus to allow her to swallow normally. During the course of the surgery, an abdominal nerve was inadvertently severed. The plaintiff claimed that Dr. Kaul had negligently performed the surgery and that she suffered permanent severe constipation as a result of the nerve damage caused by D
On January 20, 2016, Cecil Floyd won a defense verdict in Supreme Court, Kings County in Shah v. Rahman, Index No. 15370/2012. The plaintiff had prevailed on liability via summary judgment in a rear-end automobile accident, and claimed that he sustained herniated discs requiring a two-level cervical discectomy and fusion surgery. Mr. Floyd argued that the plaintiff’s injuries were not causally related to the accident, and did not qualify as a “serious injury” within the meaning of Insurance Law section 5102(d). The jury returned a unanimous verdict finding that the injuries did not qualify as a “serious injury.”
On January 20, 2016, Steven Balson-Cohen was elected to the American Board of Trial Advocates, a prestigious national association of trial attorneys whose mission is to preserve the civil trial system guaranteed by the Seventh Amendment to the U.S. Constitution and to preserve the right of trial by jury in civil cases. In order to qualify for membership, Mr. Balson-Cohen had to present a minimum of 500 days of trial experience, among other things.
On January 19, 2016, Steven Dyki was the moderator of a panel that included an attorney and two construction safety experts at a continuing legal education program entitled “Preparing the Defense of the Construction Accident Case.” The program included presentations on Labor Law Sections 200, 240 and 241(6), and included a discussion on various fall protection devices that are typically used at construction projects.
In Zhang v, Gomez (NY Supreme Court 101254/09) John Komar won summary judgment along with an award of costs and disbursements on behalf of our clients, the owner and operator of a yellow taxi cab. The case involved a tragic accident that resulted in the death of young woman seated in her boyfriend’s Honda as he attempted to make a left turn from the southbound lane of Park Avenue onto East 65th Street in Manhattan. The accident occurred at 3 o’clock in the morning. As the Honda driver made the turn he neglected to stop for a red light controlling the cross-town traffic and he drove into the path of a speeding pick-up truck coming northbound on the Avenue. The driver of the pick-up was la
