On February 23, 2016, David Gould won a directed defense verdict in State Farm a/s/o Guzzo v. Munoz, Index NO. CV12044-2014 (Dist. Ct. Nassau County). The plaintiff claimed that while driving through a green light, another vehicle drove through a red light and struck her vehicle. The other vehicle left the scene of the accident. The insurance carrier sought property damages in subrogation for damage to the plaintiff’s vehicle from the defendant based on two eyewitnesses who chased after the vehicle and took down a license plate number that matched that of the defendant’s vehicle. At the close of the plaintiff’s case, Mr. Gould made a motion for a directed verdict dismissing the case and
On February 10, 2016 David Gould won a defense verdict in Lojewski v. Gilot, Index No. 19045/2011 (Sup. Ct., Kings County). The plaintiff’s vehicle was rear ended by the defendant’s taxicab. The plaintiff claimed that the force of the impact caused his left knee to twist, and he underwent arthroscopic surgery to repair the anterior cruciate ligament in his left knee three months after the accident. The plaintiff also claimed that he would require a total knee replacement surgery in the future. Mr. Gould argued that the plaintiff’s injuries did not qualify as “serious” injuries within the meaning of Insurance Law section 5102(d) because the plaintiff only had a partial tear of his anterio
On January 22, 2016, Lee-David Weiner won summary judgment dismissing all of the plaintiff’s claims against our client in Centeno v. Lakeside Inn, Inc., Index No. 12847/2013 (Sup. Ct. Nassau County). The plaintiff claimed that she sustained severe second and third degree burns to her legs requiring skin grafts when a fire occurred while she was serving hot dogs during a party at the premises owned by the defendant. Mr. Weiner successfully argued that the defendant was an out of possession owner who exercised no direction or control over the plaintiff’s work or the premises when the incident occurred. The Court granted the motion and dismissed the complaint against our client.
