On June 29, 2017, David Gould won a defense verdict following a liability trial in Diawara v. Coulibaly, Index No. 13663/2013 (Supreme Court, Kings County). The plaintiff was a passenger in our client’s livery cab heading southbound on Euclid Avenue in Brooklyn. Our client stopped the livery cab at a stop sign at Loring Avenue. The co-defendant’s vehicle struck our client’s vehicle near the front passenger door. The jury returned a verdict in our client’s favor finding that the co-defendant’s acts were the sole proximate cause of the accident.
On June 28, 2017, Steven Dyki won summary judgment dismissing the plaintiff’s complaint in Grieve v. MCRT Northeast Construction, LLC, Index No. 4208/2013 (Supreme Court, Nassau County). The plaintiff claimed that one of the legs of an A-frame ladder that he was working accidentally slipped into a hole in the floor, causing the ladder to tip and the plaintiff to fall and fracture his skull. The plaintiff never returned to work following the accident and brought a lawsuit claiming violations of Labor Law sections 200, 240(1) and 241(6) and negligence against the general contractor. The general contractor brought a third-party action against our client for contractual and common law indemni
On June 23, 2017, Steven Balson-Cohen won a defense verdict in Minor v. American United, Index No. 503644/2014 (Supreme Court, Kings County). The plaintiff claimed that as she was crossing the street in a cross-walk, she was struck by the defendants’ vehicle and subsequently underwent three surgeries. Mr. Balson-Cohen argued that the plaintiff admitted that she did not see the defendants’ vehicle prior to the impact, and that she gave a statement to the emergency medical technicians that she crossed through the cross-walk against the light. The jury returned a defense verdict on liability finding that the defendants’ negligence was not a cause of the accident.
Senior Partner, Stephen B. Toner, wins defense verdict in a “damages only” trial in New York County, in the Matter of Garter v. Perez, Index No. 154733/13. The plaintiff, a 50-year old former Executive Director of an international financial management company, was a passenger in our client’s vehicle traveling in Manhattan. The vehicle backed up to avoid traffic congestion and collided with another vehicle, which was behind our client’s vehicle. The plaintiff claimed that as a result of that impact, he sustained a torn labrum in his shoulder, requiring surgical repair, and several herniated lumbar and cervical spine discs, requiring steroid injections. The plaintiff’s medical experts als
