Sean Patrick Kelly

Recent Noteworthy Cases:

Antonia Tapper v. PJ Mechanical Corp.

Supreme Court, Kings County - 05/30986

Facts: Motor vehicle accident case whereby the plaintiff was stopped at a traffic light when struck in the rear by defendant vehicle. Plaintiff was successfully granted summary judgment on the issue of liability prior to trial.

Injury: Plaintiff alleged to have sustained a partial tear of the anterior and medial cruciate ligament. She underwent an arthroscopic surgery to the right knee. Plaintiff alleged she was unable to return to work as a hotel housekeeping supervisor. Defendant claimed plaintiff did not sustain any traumatic injury to her knee. Defendant further claimed plaintiff should was able to return to work.

Result: Guy Gruenberg & Joe Capetola, trial attorneys on behalf of Gruenberg & Kelly, PC, proceeded to trial on the matter. Plaintiff physician testified plaintiff was disabled from her future employment due to her knee injury. Plaintiff also retained the services of an economist who testified at trial as to the future lost earnings of the plaintiff. The jury returned a monetary award in the amount of $2,340, in favor of the plaintiff for plaintiff's pain and suffering and future lost earnings.

　

Jack DiGiacomo v. Rego Park Mall & Schindler Elevator Co.

Supreme Court, Suffolk County - 05/16971

Facts: Plaintiff, a manager at Bed, Bath & Beyond, was in the process of unloading a freight elevator at defendant shopping mall. The freight elevator door descended without proper warning striking the plaintiff in the back. Plaintiff alleged the elevator maintenance company was negligent in failing to properly maintain the elevator and in failing to conduct proper and timely inspections of the elevator. Plaintiff alleged the building owner was negligent in failing to properly maintain their premises, including the freight elevator. Defendants argued the elevator was properly and timely inspected. Defendants further argued that any defect that may of existed to the elevator was due to vandalism that had occurred a short time prior to plaintiff's accident and defendants had not yet become aware of the vandalism thereby preventing them from repairing the same. Plaintiff and defendants had retained elevator experts regarding the above arguments.

Injury: Plaintiff alleged to have sustained a herniated disc at L5-S1. Plaintiff underwent a two spinal surgeries at the L5-S1 level. Plaintiff alleged he was unable to return to work performing his prior tasks. Defendant claimed the plaintiff did not sustain a herniated disc and, if he did, it was unrelated to the accident. Defendant further claimed plaintiff sufficiently recovered from his injuries to return to his employment. Plaintiff claimed he was unable to return to his prior employment. An economist was retained to testify as to his future lost earnings. Defendant's retained a vocational rehabilitation expert to testify plaintiff was qualified to perform other types of employment.

Result: Prior to commencement of trial, the property owner settled their portion of the case in the amount of $550,. In April 2009, Glenn Auletta, senior trial counsel of Gruenberg & Kelly, PC, proceeded to commence trial on the issue of liability. After a three week trial, the jury rendered a verdict in favor of the plaintiff finding the elevator maintenance company 75% liable, the property owner 25% liable and the plaintiff free from liability. After the liability verdict in favor of the plaintiff, the elevator maintenance company settled the matter in the amount of $1,500,. The total recovery between the two defendants was in the amount of $2,050,.

　

Esteban Valerio v. 1651 Broadway Food Corp

Supreme Court, New York County - 06/115985

Facts: The plaintiff, then a fourteen year old boy, was visiting a McDonalds on a school trip. After using the rest room and washing his hands in the sink he attempted to dry his hands via the electric hand blower. The metal screening on the hand blower was defective and/or missing. The tip of the plaintiff finger was caught in the fan blade of the hand blower severing the tip of his finger approximately in the area of his finger nail. Defendant alleged the plaintiff was the sole cause of the accident in that he should have observed any defect in the hand dryer.

Injury: Plaintiff sustained a partially severed finger tip in the area of the finger nail. His finger tip became hypersensitive to hot and cold and he underwent a surgical procedure to repair the nerve. While the young plaintiff healed well, he continued to have some complaints of hypersensitivity to the finger. Defendant claimed plaintiff healed well and had no residual sensitivity issues to his finger tip.

Result: Mike Della, trial attorney on behalf of Gruenberg & Kelly, PC, proceeded to trial on the matter. Mr. Della persuasively argued to the jury that McDonalds should have closed the bathroom if it knew of the defect, placed an employee in the bathroom to warn of the defect, de-powered the fan or simply put an ‘Out of Order' sign on the hand dryer. Mr. Della also successfully persuaded the jury the plaintiff had some continued sensitivity to his finger tip. The jury rendered a verdict in favor of the plaintiff finding the defendant 100% at fault and awarded $1,300, for the plaintiff's pain and suffering.

　

Jennifer LaCamera v. Michael Bentivenga

Supreme Court, Suffolk County - 07/18332

Facts: Motor vehicle accident case whereby the plaintiff was stopped at a traffic light when struck in the rear by defendant vehicle. Plaintiff was successfully granted summary judgment on the issue of liability prior to trial.

Injury: Plaintiff alleged to have sustained a herniated disc at L5-S1. Plaintiff underwent a lumbar discectomy and fusion at the L5-S1 level. Plaintiff alleged she was unable to return to work as a worker within the meat department of a supermarket. An economist was retained to testify as to her future lost earnings. Defendant claimed the plaintiff did not sustain a herniated disc and, if she did, it was unrelated to the accident. Defendant further claimed plaintiff fully recovered from her injuries and was able to return to employment.

Result: In January 2009, Glenn Auletta, senior trial counsel of Gruenberg & Kelly, PC, proceeded to commence trial on the matter. The matter was settled immediately prior to jury selection in the amount of $1,175, for plaintiff's pain and suffering and future lost earnings.