Case Histories

Defense Verdict In a Premises Liability Case

Plaintiff (as an EMS ambulance employee) alleged that our client (a hospital) failed to reasonably take care of its parking lot, resulting in an icy condition which caused plaintiff to slip and fall as she was exiting an ambulance to assist a patient inside the hospital. Plaintiff suffered severe injury to her shoulder, resulting in frozen shoulder which led her to never being able to work again an EMS person. She also had a Workers' Compensation lien of over $150,000. In her first deposition, Plaintiff would not admit that it was snowing or precipitating at all on the day of her accident. Finally, at her second deposition she admitted that it was snowing/sleeting/icing her entire ambulance trip to the hospital. Weather records indicated that the storm had allegedly stopped earlier in the day than the time of the fall, so we did not use them in our motion. Plaintiff tried to use the weather records in their opposition to the motion for summary judgment and we countered that plaintiff could not use extrinsic evidence to overcome her own admission that it was snowing. We made a motion for summary judgment based on a storm in progress defense and the Court ruled in our favor, dismissing the action against the hospital. (Ulster County, 2014).

Defense Verdicts in Cases Involving Dental Management Company

In a case involving multiple jurisdictions, we have successfully defended a dental management company and its owners against allegations of fraud and negligence involving the care and treatment given to children at dental clinics providing dental treatment to children covered by the Medicaid program. It was claimed that the dental management company was liable for alleged unnecessary and inappropriate dental treatment received by the plaintiff children at the dental clinic. In two separate trials, one involving a single plaintiff, and the other involving four plaintiffs, juries rendered defense verdicts in favor of the dental management company and its owners. (Sup. Ct., Onondaga Co., Sept. 2013 and June 2014).

Defense Verdict In A Premises Liability Case

Plaintiff alleged that our client (a restaurant) failed to reasonably take care of its parking lot, resulting in an icy condition which caused plaintiff to slip and fall. Our client refuted these allegations and the jury rendered a defense verdict. (Schenectady County Supreme Court, March 2011).

Defense Verdict In Dental Malpractice Claim

Plaintiff alleged dental malpractice after he underwent an extraction of teeth numbers 31 and 32 in 2006. Our client refuted those allegations and a defense verdict was rendered after a two week jury trial. (Orange County Supreme Court, February 2011).

Defense Verdict In A Premises Liability Case

Plaintiff alleged that our client (a lumber yard) failed to protect him from bees which allegedly startled him, causing him to fall. Our client refuted these allegations and the jury rendered a defense verdict. (Greene County Supreme Court, January 2011).

Defense Verdict In Nursing Home Case, Finding No Proximate Cause

We represented the nursing home in this medical malpractice case where plaintiff alleged a theory against the facility and co-defendant physician that they failed to diagnose and treat decedent's congestive heart failure which developed into pneumonia causing a series of complications which ultimately lead to decedent's death. The jury rendered a 5-1 verdict in favor of the defendants finding that their negligence was not the proximate cause of decedent's illness or death. (Supreme Court, Schenectady County, June 2010).

Defense Verdict In Case Involving Bus Operation

In this case, plaintiff alleged that the negligent operation of a bus caused her to sustain injury. Plaintiff claimed that she fractured her left wrist as she was walking to her seat on the bus when abruptly the bus moved forward and then suddenly stopped a short distance later, causing her to fall to the ground. Plaintiff contended that the improper operation of the bus caused a sudden, unusual and violent jerk which caused her to fall. The jury rendered a defense verdict in favor of our client. (Supreme Court, Albany County, March 2010).

Defense Verdict In Podiatric Malpractice Suit

This case arises out of a surgical procedure know as a Keller bunionectomy which was performed on plaintiff by our client. Plaintiff alleged that the procedure was improper and that more conservative methods of treatment should have been implemented given plaintiff's active lifestyle. Plaintiff further alleged that defendant podiatrist failed to properly inform him of alternatives to the procedure. Plaintiff contends as a result of the procedure he has been limited in his ability to walk, negotiate stairs and exercise. Defendant argued that more conservative treatment would not have been an effective treatment option. The jury rendered a defense verdict in favor of our client. (Supreme Court, Fulton County, March 2010).

Defense Verdict In Dental Malpractice Suit Involving Orthodontic Treatment

In this dental malpractice case, plaintiff sought orthodontic treatment from our client who recommended several teeth extractions and upper and lower braces. During the course of treatment, plaintiff developed significant issues regarding her gums, which was diagnosed as periodontal disease. Plaintiff then sought treatment from another orthodontist who changed her course of treatment. Plaintiff alleged that our client did not provide reasonable alternatives to the treatment, did not carry out the treatment plan and failed to address plaintiff's periodontal issues. Our client argued that he did provide appropriate periodontal care and that plaintiff was comparatively negligent by failing to take care of her oral hygiene and by missing appointments. Defendant also argued that the subsequent treatment was not appropriate. The jury rendered a defense verdict in favor of our client. (Supreme Court, Schenectady County, June 2010).

Defense Verdict In Medical Malpractice OB-GYN Case Resulting In Amputation

We represented one of the defendants in this case, a doctor who performed a total abdominal hysterectomy on plaintiff. Following the procedure, plaintiff developed ischemia in both of her lower extremities and underwent a thrombectomy. During that operation, a fresh blood clot was found which could not be treated. Various blood studies indicated that the plaintiff had the lupus anticoagulant which caused her clotting condition. As a result of the alleged failure to diagnose and treat the plaintiff's clotting disorder, the plaintiff developed gangrene in her lower extremities resulting in amputation. Plaintiff alleged various acts of negligence against our client, and co-defendant, but the jury returned a defense verdict. (Supreme Court, Onondaga County, November 2009).

Defense Verdict In Dental Malpractice Claim Involving Root Canal

We represented the dentist who performed a root canal on plaintiff. Plaintiff alleged that our client was negligent in failing to properly perform the root canal as he did not have the appropriate experience and training to perform a root canal on a calcified tooth and that he was negligent for failing to stop the procedure once he found out that the tooth was calcified, rendering the tooth unusable. Our client refuted these allegations and the jury rendered a defense verdict in favor of our client. (Supreme Court, Saratoga County, January 2008).

Defense Verdict In Suit Arising From Complications From Neurosurgical Procedure

The plaintiff was diagnosed with a colloid cyst and was referred to our client to determine whether the cyst could be removed endoscopically, who recommended that it could. During the procedure, it was determined that the cyst was inaccessible, so the endoscopy procedure was converted to an open craniotomy. Soon after the surgery, plaintiff suffered a stroke which left him with significant short-term and long-term cognitive impairment, memory loss and brain damage. Plaintiff alleged that our client was negligent in piercing the thalamus during the endoscopic portion of the procedure, failing to convert to the open surgery sooner resulting in complications causing the stroke, and failing to obtain informed consent. The jury rendered a defense verdict in favor of our client. (Supreme Court, Rensselaer County, December 2006).

Defense Verdict In Case Involve OB-GYN-Related Surgery

Plaintiff underwent a laparoscopic-assisted vaginal hysterectomy performed by our client. Plaintiff claimed that defendant was negligent in deviating from the standard of care in failing to close a portal that was created during the surgery causing plaintiff to sustain a Richter's hernia and other complications that led to three additional surgeries. Our client argued that he properly sutured the opening and that the Richter's hernia was a post-surgical complication that occurred when the sutures came apart. The jury rendered a defense verdict. (Supreme Court, Schenectady County, December 2006).

Defense Verdict In Suit Arising From Treatment Of Hand Laceration

In this case, plaintiff injured himself while working with a table saw. Ultimately, plaintiff was diagnosed by our client with a nerve injury and was referred to a hand specialist. He had specialist diagnoses of a laceration of the ulnar nerve in plaintiff's left hand and performed an unsuccessful sural nerve graft which left plaintiff with very little use of his left hand. Plaintiff alleged that our client was negligent in failing to diagnose and treat the ulnar nerve injury and in failing to immediately refer plaintiff to a hand surgeon. Ultimately, the jury returned a verdict in favor of our client. (Supreme Court, Delaware County, 2006).

Defense Verdict In Suit Arising From Complications From A Laparoscopic Hysterectomy

The plaintiff had uterine bleeding; doctors performed a laparoscopic assisted vaginal hysterectomy; afterward the plaintiff had small bowel obstruction and sued for surgical and medical malpractice. Our client refuted these allegations and the jury rendered a defense verdict. (Schenectady County Supreme Court, October 2006).

Defense Verdict In Oral Surgery/Dental Malpractice Claim

Plaintiff claimed inadequate surgical endodontic treatment; inadequate apicoectomy; and inadequate informed consent in this oral surgery/dental malpractice matter. Our client refuted these allegations and the jury rendered a defense verdict. (Albany County Supreme Court, June 2006).

Defense Verdict In Failure To Diagnose Case

Plaintiff alleged that our client failed to diagnose Crohn's disease in an infant. Our client refuted these allegations and the jury rendered a defense verdict. (Schenectady County Supreme Court, January 2003).

Defense Verdict In Case Arising From A Slip And Fall On Ice In Parking Lot

Plaintiff alleged that she slipped and fell on ice in the parking lot of our client's store causing her to sustain a fractured right wrist. At trial, we submitted the responding EMT report that had no mention of ice in the parking lot, and the testimony of the EMT who stated that if ice was present it would have been noted in his report. This evidence was sufficient to establish that there was no dangerous condition in the parking lot and the jury returned a verdict in favor of our client. (Supreme Court, Fulton County, September 2000).