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Notable Verdicts
Smith v. Casterline, October 2020
Tompkins County: Plaintiff was a motorcyclist that was following client-defendant. Plaintiff attempted to pass the defendant as he had slowed and was completing a left turn. Plaintiff denied that he was attempting to pass but was, instead, going to engage in lane-splitting (which is illegal in NY) Plaintiff sustained severe and permanent injuries to his leg and ankle. Jury dismissed plaintiff's claim, finding that client-defendant was not at fault for the accident.
DeWilde v. Bonenblust, December 2019
Wayne County: Plaintiff claimed a severe head injury and orthopedic injuries when he was struck as a pedestrian while engaged in his employment as a garbage truck operator. Client-defendant alleged that he was slowly passing the stopped garbage truck when the plaintiff ran into the road without looking. Jury dismissed the plaintiff's claim, holding that client-defendant had no ability to avoid accident and was not at fault.
Saulsburry v. Galli, October 2019
Onondaga County: Plaintiff alleged severe orthopedic injuries to her neck, back, arm, hand and both shoulders from a two-car accident. Plaintiff and client-defendant each claimed that they had a green light. Our office was able to locate independent witness who called into 911. Witness supported version of client-defendant. Jury dismissed the plaintiff's claim.
Schaniel v. Progressive Ins., September 2019
Oneida County: Claimant alleged that his car was stolen and was later found burned. Police reported that the car was involved in a hit and run accident in Rome, NY. Defendant was able to use data-pull technology to prove that the claimant's phone followed the path of the allegedly stolen car and was present when the car was in the accident.
Bloodgood v. Pelky, July 2019
Oswego County: Plaintiff was the brother-in-law of client-defendant. Plaintiff volunteered to help defendant with the final stages of painting defendant's house. Plaintiff fell off of a ladder, alleging that defendant's ladder was defective and that defendant failed to warn him about it. Plaintiff alleged severe orthopedic injuries that resulted in shoulder surgery. Jury dismissed the plaintiff's claim, holding that client-defendant was not at fault for the plaintiff's injuries.
Wickline v. NYCM, May 2019
Otsego County: Claimant claimed damages in excess of $550,000 that were alleged to have been caused by a broken pipe. Defendant-claimant alleged that damages were related to earth movement and other excluded causes. Jury found in favor of defendant-client.
Estate of Pou v. McDaniel, May 2019
Tompkins County: Plaintiff-decedent was killed in a two-car accident on Route 13 outside of Ithaca, NY. Estate sued for wrongful death. Jury held that client-defendant was not negligent.
McKee v. Ross, December 2018
Onondaga County: Plaintiff alleged significant permanent orthopedic injuries, including multiple fractures of the leg and ankle, following a vehicle-pedestrian accident that occurred at the Regional Market. Plaintiff denied any wrong-doing. Jury found plaintiff was 50% responsible for his own injuries and awarded $32,500 against client-defendant.
Riha v. Riha, November 2018
Madison County: Claimant was a passenger in client-defendant's vehicle in a one-car accident. Claimant alleged a severe concussion with significant permanent post-concussion symptoms. Verdict in favor of client-defendant on serious injury.
Wagner v. NYCM, November 2018
Oneida County: Following a house fire, client-defendant paid the undisputed portion of the claim. Claimant alleged that significant additional repairs and alterations to the house were related to the fire. Client-defendant alleged that additional claims were not related to fire and were not covered under the policy. Verdict was in favor of client-defendant.
Koehler v. NY State, February 2018
Onondaga County: Client underwent a revision gastric procedure. Doctor at Upstate University Hospital left a sponge inside client-plaintiff. Client eventually went septic and required additional surgery and hospitalization. Claim settled for $200,000.
Scalzo v. NYCM, January 2018
Oneida County: After a hail storm, client-defendant paid the undisputed portion of the damages. Claimant alleged that roof needed to be replaced. Client-defendant disputed that roof was compromised and needed to be replaced. Jury found in favor of client-defendant.
Labarge v. NYCM, December 2017
Jefferson County: Plaintiff claimed a severe concussion and hearing loss in addition to orthopedic injuries to his low back and knees. Claimant's orthopedic claims were dismissed. Client-defendant was able to prove that they were pre-existing. Claimant claimed injuries in excess of $300,000 policy. Award was for $120,000, less $25,000 set-off.
Alvarez v. Miller and Deer View Farms, December 2017
Oneida County: Plaintiff alleged serious injuries from an auto accident, claiming injuries and damages in excess of $1 million. Action settled for $125,000 on last day of trial. Plaintiff claimed permanent disability from neck and back injuries. Plaintiff began trial with a demand of over $500,000.
Starling v. ACA Ins. September 2017
Onondaga County: Plaintiff alleged serious injuries from an auto accident. At arbitration, client-defendant was successful in proving that injuries were from other accidents.
Haley v. Robinson April 2017
Onondaga County: Intoxicated plaintiff entered the roadway at night in front of client. Motion for summary judgment, dismissing the complaint against client, was granted.
Burdick v. Porter v. Wills February 2017
Oswego County: Other vehicle crossed over center line, striking client's vehicle. Two passengers in other vehicle died of their injuries. Motion for summary judgment was granted, dismissing case against client.
Penda v. Bartowski July 2016
Onondaga County: Codefendant lost control in standing water on I-690. Codefendant caromed off of a guardrail and ricocheted into the path of client's vehicle. Plaintiff was a passenger in codefendant's vehicle. Motion for summary judgment was denied at the trial court level. On appeal, the decision was dismissed and the case against client was dismissed.
Hamler v. Neuberger June 2016
Onondaga County: Plaintiff alleged that client-defendant was negligent in entering an intersection. Client-defendant contended that codefendant had entered intersection without yielding the right-of-way. On motion, court granted client's motion for summary judgment, dismissing the complaint against client.
McRae v. Lackey & Young May 2015
Oswego County: Codefendant driver failed to stop at red light. Client was entering intersection from cross street. Motion for summary judgment, dismissing the complaint against client, was granted.
Kerschner v. State Farm October 2014
Onondaga County: Plaintiff alleged a knee injury and surgery resulted from a motor vehicle accident. Plaintiff filed for SUM benefits. Client claimed that plaintiff's symptoms were due to long standing degenerative condition. Arbitration decision found in favor of client.
White v. Ozimek September 2014
Onondaga County: One car accident that occurred in Pennsylvania. Occupants were New York residents. Plaintiff/driver claimed that client/passenger pulled the steering wheel, causing the vehicle to lose control. Client claimed that driver fell asleep at the wheel. Jury returned a verdict in favor of client on the issue of liability.
Horton v. NYCM July 2014
Jefferson County: Plaintiff alleged post-concussion syndrome, cognitive deficits and neck pain with radiculopathy from an auto accident. At arbitration, client-defendant successfully defended case on issue of serious injury, resulting in a defense award.
Salsbury v. Gorman's Tavern June 2014
Oswego County: Plaintiff alleged that client-tavern owner was negligent when patron attacked him with a broken beer bottle. Client alleged that attack was a revenge attack for prior criminal act on the part of the plaintiff and that proper security was provided. Complaint was dismissed on motion.
Chapman v. NYCM April 2014
Madison County: Plaintiff claimed a lumbar fusion surgery as a result of an auto accident. Client-defendant successfully proved that surgical conditions were pre-existing and that accident only caused subjective increase in symptoms. Plaintiff's claim was dismissed on issue of serious injury.
Tyo v. McDonald April 2014
Onondaga County: Plaintiff alleged that client harbored a dog with vicious propensities, resulting in the scarring of a young child. Case was dismissed on motion.
Chambers v. Evans and Tousley February 2014
Jefferson County: Plaintiff alleged that client was negligent and failed to warn that client's pickup truck had a standard transmission and a remote car starter. Plaintiff was a mechanic that was working on the wires under the dash near the car starter box when the vehicle suddenly started, dragging the plaintiff and causing a hip injury. Plaintiff ended up having a hip repair and a hip replacement. Plaintiff failed to put vehicle in neutral, engage the parking brake, disconnect the battery, etc. Jury returned a verdict in favor of client on the issue of negligence.
Fonseca v. Cronk November 2013
Onondaga County: Client defendant rear-ended the plaintiff's vehicle. Plaintiff claimed neck and arm injuries, including a herniated disc. Jury returned a verdict in favor of client.
Kasperovich v. New York Central Mutual October 2013
Oneida County: Claimants sustained damage to their home due to ice damming. Client insurer paid for the damages that it deemed to be reasonable. Plaintiffs sued for an amount 150% higher than NYCM estimate. Jury returned a verdict in favor of NYCM.
Ewell v. Horrell and Gibbons October 2013
Madison County: Plaintiff was a passenger in client's vehicle. Codefendant was following client and collided with client as client was making a left turn. Plaintiff claimed injuries to her neck and back. Jury returned a verdict in favor of client on the issue of negligence.
Elief v. Ortiz and Donovan September 2013
Onondaga County: client had rear-ended a vehicle occupied by the plaintiff. Plaintiff claimed injuries to her neck and back, including multiple herniated discs. A successful summary judgment motion dismissed the plaintiff's complaint on the issue of serious injury.
Estate of Athas v. New York Central Mutual July 2013
Oneida County: Plaintiff claimed a loss due to a burst pipe. Plaintiff claimed damages in excess of the amount paid by NYCM. Bench trial resulted in a verdict of $1,000.
Gurin v. New York Central Mutual June 2013
Oneida County: Plaintiff claimed a loss following a severe storm. Sewage backed up through the basement toilet causing water loss. Plaintiff alleged that the loss was due to an accidental discharge from a plumbing system, which would have been covered. Client-defendant alleged that the loss was due to a back up of a sewer system or drain, which would not have been covered. After completion of the plaintiff's case, judge directed a verdict in favor of client-defendant.
Pugh v. Tantillo May 2013
Onondaga County: Client-defendant admitted negligence for a rear-end accident. Plaintiff alleged a two-level cervical fusion as well as wage loss and medical bills. Jury returned a verdict in favor of client on the issue of serious injury.
Ruggerio v. Alcaras February 2013
Onondaga County: Client-defendant rear-ended the plaintiff's vehicle, causing very slight damage. Plaintiff claimed that the accident caused injuries that resulted in a three level cervical fusion. Jury returned a verdict in favor of client, finding that the accident did not cause the plaintiff's injuries. The testimony of defendant's biomedical engineer was influential in verdict.
Valdez v. Gunzenhauser March 2013
Broome County: Defendant-client struck the plaintiff, who was walking in the middle of the road in the early morning hours, wearing dark clothes, causing multiple fractures and a closed head injury. Jury returned a verdict in favor of client on the issue of negligence.
Reynolds/Bedette v. MacKenzie August 2012
Monroe County: 11 year old boy riding on bicycle claimed that client struck him with her vehicle. Client claimed that boy rode from park driveway into the side of her vehicle. Boy sustained fractures. Jury deliberated 8 minutes and returned a verdict in favor of client on the issue of negligence.
Bousquin v. Miko June 2012
Wayne County: Plaintiff sustained four non-displaced fractures of her ribs, three non-displaced fractures of her lumbar transverse processes and a non-displaced fracture of her hip. Defendant client admitted to fault for the accident. Following the first trial the jury returned a verdict of $5,000 for past pain and suffering, zero for future pain and suffering. The trial judge set the past pain and suffering verdict aside but confirmed the jury's decision not to award anything for the future. Following the second trial the jury returned a verdict for past pain and suffering, awarding zero. The case was subsequently settled.
Deal/Gonyou v. Sanmartin and Novak April 2012
Cayuga County: Codefendant made left turn in front of client at intersection that was governed by a traffic light. Collision caused client's vehicle to carom into plaintiff's vehicle. Plaintiff alleged that client entered intersection against the light. Other evidence supported client's claim that he entered the intersection with the green light. Jury deliberated 18 minutes and returned a verdict in favor of client on the issue of negligence.
Roth v. Middlestate March 2012
Jefferson County: Plaintiff/tenant claimed 2nd & 3rd degree burns, PTSD and orthopedic injuries from a house fire. Second tenant died in the fire. Plaintiff alleged that client/landlord was negligent in the maintenance of the front door and smoke detectors. Jury returned a defense verdict in favor of client/landlord.
Felter-Canarelli v. Jamieson May 2011
Oneida County: Plaintiff claimed herniations iin her neck and back from a car accident. Plaintiff also claimed nerve damage and carpal tunnel. Plaintiff claimed $150,000+ damages. Jury returned verdict against client-defendant for $50,000.
Trendell v. Root and Norton February 2011
Oswego County: Plaintiff claimed neck and back injuries, rib fractures as well as concussion, post-concussion syndrome, cognitive loss, PTSD and other psychological injuries. Defendants-clients contested liability. Jury returned a defense verdict on the issue of serious injury.
Watts v. Burke January 2011
Jefferson County: Plaintiff claimed orthopedic injuries to the neck and back as well as a shoulder injury that required surgery. Plaintiff also claimed a traumatic brain injury, thyroid injury, concussion, post-concussion syndrome, PTSD, cognitive loss and other psychological injuries. Defendant-client contested liability. Pain and suffering award: $25,000
Walker v. Fricke and Thelan January 2011
Onondaga County: Plaintiff claimed neck and back injuries as well as a concussion, post-concussion syndrome, cognitive loss, PTSD and other psychological injuries. Defendant-client admitted fault for the accident. Jury returned a defense verdict on the issue of serious injury.
Alam v. Birmingham September 2010
Onondaga County: Decedent plaintiff was struck and killed by pickup truck operated by defendant-client. Jury returned a defense verdict on the issue of negligence.
Douglas v. King September 2010
Onondaga County: Plaintiff claimed soft tissue injuries to her neck and trapizius. Defendant-client admitted fault for the accident. Jury returned a defense verdict on the issue of serious injury.
Stearns v. O'Brien August 2010
Ontario County: Client admitted negligence in rollover accident. Plaintiff claimed a TMJ disfunction, a lacerated spleen and a concussion. Jury returned a defense verdict on the issue of serious injury.
Verwey v. Hughes July 2010
Oswego County: Infant plaintiff entered road from riding trail on motorized dirt bike. Defendant-client struck plaintiff causing ankle fracture and degloving injury to left foot. Jury returned a defense verdict on the issue of negligence.
Deans v. Wilson March 2010
Monroe County: Plaintiff claimed an annular tear at C6-7 impinging the spinal cord from accident where client-defendant rear ended plaintiff's vehicle. Jury found a significant limitation and awarded $10,000.
Magid v. Yager November 2009
Oneida County: Plaintiff sustained a fractured vertebra at L1 with a fragment avulsed into the spinal canal when client-defendant made U-turn in front of plaintiff's vehicle. Jury returned a verdict of $25,000.
Gramling v. Poplaski August 2009
Seneca County: Plaintiff sustained a labral tear to his shoulder and claimed over $1 million in lost wages, past and future when client-defendant made left turn. Jury found that there was no serious injury.
Miller v. Campbell & Oliver May 2009
Oswego County: Client rear ended another vehicle. Plaintiff claimed neck and back injuries. Defense was based upon prior conditions and serious injury threshold. Jury returned a defense verdict on serious injury.
Vairetta v. Martin March 2009
Onondaga County: Plaintiff alleged internal injuries and 5 months of disability. Jury awarded nominal wages and no pain and suffering.
Hutton v. Moon June 2008
Ontario County: Client pulled out in front of plaintiff. Plaintiff claimed neck and back injuries with radiating symptoms into her arms and legs. Plaintiff also alleged significant lost wages and future medical expenses. Jury found a serious injury but awarded a nominal amount. After collateral sources the judgment was $3,000.
Alcombrack v. Swarz January 2008
Jefferson County: Plaintiff alleged head injuries and post-concussion symptoms. A summary judgment motion was unsuccessful at the trial level. An appeal to the Fourth Department resulted in dismissal of the case.
Brown v. Porter January 2008
Oneida County: Client pulled out onto main road from side street. Plaintiff collided with defendant's vehicle and caromed into a tree sustaining injuries the led to a total hip replacement. Jury returned a defense verdict on the issue of negligence.
Purkiss v. Siccardi December 2007
Federal Court Western District of NY: Client was delivering a load of newspapers in this Bronco. As he traveled over a bridge the plaintiff crossed into the path of the Bronco, sustaining injuries that led to his death. Plaintiff alleged wrongful death and conscious pain and suffering. Jury returned a defense verdict on the issue of negligence.
Frias v. New York Central Mutual November 2007
Oneida County: Insured alleged burglary losses of over $40,000. Client-New York Central raised affirmative defense of insurance fraud. Jury returned a defense verdict.
Mills v. Orr October 2007
Oswego County: Client backed out of parking space into the side of plaintiff s vehicle. Jury returned a defense verdict on the issue of serious injury.
Bartoszewski v. Spingler August 2007
Cayuga County: Client-defendant made a left turn in front of plaintiff at intersection. Plaintiff claimed a fracture. Jury returned a defense verdict on the issue of serious injury.
Potempa v. Countryway Insurance April 2007
Onondaga County: No fault arbitration involving three knee replacement surgeries and over $125,000 in medical bills. Arbitrator returned a defense verdict on the issue of causation and failure to submit within 180 days of treatment dates.
George v. Lucus April 2007
Broome County: Client pulled out onto main road. Plaintiff swerved off the road and collided with stationary object. Jury returned a defense verdict on the issue of negligence.
Merry v. Birchenough January 2007
Lewis County: Client pulled out onto main road from parking lot after plaintiffs husband made affirmative move to turn into lot. Plaintiff disputed this. Jury returned a defense verdict on the issue of serious injury.
Frascatore v. Zukaitis December 2006
Onondaga County: Client lost control on 1-81 in slushy conditions, caroming into the plaintiffs vehicle. Jury returned a defense verdict on the issue of negligence.
Arms v. Halsey October 2006
Oswego County: Client crossed over double solid line after losing control on snowy, slippery roads. Jury returned a defense verdict on the issue of negligence. Verdict overturned by judge.
Wiedemann v. Jahnke & Hemlock Farm December 2005
Otsego County: Wiedemann rear ended a tractor and manure spreader on a public road. He died and his passenger wife was seriously injured. The farm counterclaimed against driver Wiedemann for contribution for the wife's injuries resulting in Mr. Miller's representation of the Estate as a defendant. The jury returned a verdict finding 100% negligence against the farm.
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