Josh Kardisch Wins Motion To Set Aside Verdict In Kings County
On November 3, 2016, Josh Kardisch won a motion to set aside the jury’s verdict in Griffin-Frankel v. Agger, Index No. 29672/2010 (Sup. Ct. Kings County). The infant plaintiff claimed that he suffered from impairment in cognition, attention and executive functioning because of early-life exposure to lead-based paint in his residence and requested that the jury award approximately $7 million in damages. At trial, Mr. Kardisch, who was representing the property owner, argued that the plaintiff was an average student, and did not suffer intellectual deficits or psychological harm. After the 27-day trial, the jury returned a verdict awarding the plaintiff’s $450,000. Mr. Kardisch moved to set aside the verdict arguing that the jury’s award deviated from reasonable compensation. The Judge set aside the jury’s verdict, and ordered a new trial unless the plaintiff agreed to accept $250,000.