Attorney Sean J. Beaton's Legal Cases

Personal injury

K.W. v. W.H.L.C.

Jun 27, 2014

OUTCOME: Settlement

While shopping at a lumber store, Plaintiff slipped and fell on ice, slush and car fluids while stepping out of her vehicle in an outdoor warehouse. Plaintiff sustained injuries, most notably a perman ... ent scar on her forehead. After the insurance carrier refused to admit liability, I emphasized that the ice, slush and car fluids within the outdoor warehouse were a dangerous condition that caused my client to slip and fall. I alleged the premises encouraged vehicles to recurrently drive through to warehouse—bringing ice, snow and a multitude of car fluids onto the floor. Moreover, the Appellate Division, Third Department, with respect to recurrent conditions, has held that defendant landowners can be charged with constructive notice for each recurrence of the dangerous condition. Prior to trial, they agreed with my position.

Personal injury

Plaintiff v. BBBC, et. al. Sup. Ct. Queens Cty

Feb 11, 2014

OUTCOME: Settlement

Plaintiff suffered a fractured wrist while participating in an obstacle course at Defendant's gym. I alleged Defendant created a dangerous condition by setting up the course using an unsafe, inoperabl ... e multi-level step box that moved, broke apart and collapsed after Plaintiff jumped onto the box. Drafted pleadings, motions and attended discovery compliance conference. My memorandum of law was utilized at mediation to procure a settlement before trial.

Employee benefits

L.C. v. Dearborn National

Jan 31, 2014

OUTCOME: Award of benefits.

My client became totally disabled due to pancreatic cancer and a heart attack. He had worked as a security guard at a large private hospital for 17 years. After applying for long term disability benef ... its (LTD) governed by ERISA with defendant insurer, he was denied based upon the hospital failing to pay premiums for last five years. The hospital filed for Chapter 11 bankruptcy and was afforded a stay against any claims. After two levels of appeal and a voluminous memorandum of law, defendant insurer agreed to pay the LTD benefits notwithstanding the fact that there was technically no coverage due to non payment of premiums.

Workers compensation

L.C. v. SSMCW, Workers' Compensation Board, WCB G0519824

Jul 26, 2013

OUTCOME: $78,383.92 award to Claimant

While working as a security guard, the Claimant sustained a torn rotator cuff while subduing a perpetrator. I procured medical evidence that claimant had suffered a severe permanent loss of use to his ... arm (SLU). The insurance carrier failed to comply with the Board's directive to obtain an IME within 60 days of a proposed decision. At hearing, over the objection of the insurance carrier, my client was awarded the full value of the SLU.

Personal injury

I.B. v. U.S.K.A., Nassau Sup. Ct.

Jan 01, 2013

OUTCOME: Settlement

Plaintiff slipped and fell while roller skating at Defendant's rink. Defendant created a dangerous condition by designing the rink without any handrails; instead, an exterior concrete wall with nothin ... g to hold onto. Plaintiff moved for Summary Judgment and I drafted the Affirmation in Opposition to Summary Judgment and Expert Witness Affidavit. The case settled prior to a decision on the motion.

Insurance

N.H.v. S. M. L. I. Co. Index No. BRC122037 (Suffolk Cty. 6th Dist. Ct. 2012)

Dec 17, 2012

OUTCOME: Settlement

Insurance carrier denied payment of life insurance proceeds to beneficiary based upon allegation that decedent was a smoker. After procurement of numerous medical records and the filing of a summons a ... nd complaint, the insurance carrier settled the matter for the full value of the life insurance policy.

Litigation

Rubio-Modica v. Modica, 100 A.D.3d 979 (App. Div. 2d Dept. 2012)

Nov 28, 2012

OUTCOME: Reversal of Supreme Court Order

While working as a law clerk, I drafted the Appellate Brief which held a Florida divorce decree was entitled to full faith and credit in New York State. The decision awarded my client, the Plaintiff, ... a parcel of commercial property in Queens County that eventually sold for over 1 million dollars.

Insurance

J.C. v. A. S.I. Co., Index # BAC-778-12 (Suffolk Cty. 2nd Dist. Ct.)

Aug 08, 2012

OUTCOME: Settlement

Plaintiff's home was burglarized and multiple valuable firearms were stolen. After a claim was filed by my client, the insurance carrier only paid the value of one firearm relying on a "special limita ... tion" in the policy. I filed a summons and complaint alleging that the policy's definition of the term "each loss" was ambiguous. In insurance contracts, any ambiguity will be construed against the drafter, i.e. the insurance carrier. After much negotiation, I was able to procure an amicable settlement for my client wherein he received payment for the loss of multiple firearms.

Employment and labor

In the Matter of F.E. v. New York State Power Authority (Unemployment Insurance Appeal Board 2012)

Jul 14, 2012

OUTCOME: Judgement for Claimant by Administrative Law Judge

My client was terminated without cause from her executive position at NYSPA. After filing for unemployment benefits, NYSPA contested the claim under New York State Labor Law section 565 (2)(e), allegi ... ng my client was a "person in a major non tenured policy making or advisory position"; thus, unentitled to benefits. After a three day trial with extensive testimony, the ALJ held my client's employment fell outside of the statute as she worked in a purely ministerial capacity. As such, my client was awarded benefits.

Workers compensation

L.L. v. Premier Diner, Workers' Compensation Board

Jun 20, 2011

OUTCOME: Decision for Claimant after Trial

My client slipped and fell in Employer's parking lot while walking into work. She suffered a severe back injury with multiple disc herniations, stenosis and radiculopathy. The case was controverted ... by the insurance carrier. The defense raised multiple issues including lack of notice and argued my client was not injured in the course of her employment. At trial, five days after being admitted to the NYS Bar, I was successful in cross examining three employer witnesses--severely impeding their credibility. My client was awarded lost wage benefits as the WCLJ decided in her favor based upon the questionable credibility of the employer witnesses and the safe ingress/egress doctrine.

Sean J. Beaton's Legal Cases (10)

K.W. v. W.H.L.C.

Plaintiff v. BBBC, et. al. Sup. Ct. Queens Cty

L.C. v. Dearborn National

L.C. v. SSMCW, Workers' Compensation Board, WCB G0519824

I.B. v. U.S.K.A., Nassau Sup. Ct.

N.H.v. S. M. L. I. Co. Index No. BRC122037 (Suffolk Cty. 6th Dist. Ct. 2012)

Rubio-Modica v. Modica, 100 A.D.3d 979 (App. Div. 2d Dept. 2012)

J.C. v. A. S.I. Co., Index # BAC-778-12 (Suffolk Cty. 2nd Dist. Ct.)

In the Matter of F.E. v. New York State Power Authority (Unemployment Insurance Appeal Board 2012)

L.L. v. Premier Diner, Workers' Compensation Board