Syracuse, NY
Personal injury Lawyer at Syracuse, NY
Practice Areas: Personal Injury, Litigation
OUTCOME: Defense verdict - no proximate cause
Represented defendant driver whose vehicle t-boned plaintiff's vehicle at intersection. Plaintiff was salesman in his 40's who alleged a traumatic brain injury and acute injury to the cervical spine r ... esulting in a cervical fusion and the need for additional surgeries in the future, as well as millions in lost wages and future medical expenses.
OUTCOME: Settlement during jury deliberations
Jury trial in Chenango County. Brady represented the plaintiff homeowner against a defendant municipality in a property damage lawsuit arising out of an alleged defective culvert and sluice pipe adjac ... ent to the plaintiff's property that the plaintiff alleged was negligently maintained by the defendant, resulting in flooding of her home. The defendant took a "no pay" settlement position before the trial based on affirmative defenses including but not limited to qualified immunity, Act of God, and lack of notice. After two weeks of trial and nearly two days into jury deliberations, the defendant capitulated and settled with the plaintiff for six figures.
OUTCOME: Highly favorable settlement during trial
Jury trial in Broome County. Brady represented the defendant, a construction company, in a wrongful death case arising out of a motor vehicle accident. The decedent's Estate sued the defendant for w ... rongful death after the decedent's vehicle struck the defendant's truck and delivery trailer, which were parked half on the shoulder and half in the driving lane on a windy County Road. On the eve of trial, the Estate demanded $250,000 to settle the case. After more than three full days of trial, including direct and cross-examination of the Estate's eyewitnesses and experts, and before the defense called its first witness, the Estate accepted $10,000 to settle the case.
OUTCOME: Summary judgment
Won summary judgment in Erie County on a large and complex Labor Law 240(1) case. Plaintiff fell from a roof on a construction site, which resulted in severe injuries and multiple spine surgeries. Th ... e sub-subcontractor refused to defend and indemnify Brady's subcontractor client by arguing that (i) the subject contractual indemnification provision was void under the General Obligations Law, and (ii) contractual indemnification was not warranted because the accident did not arise out of the sub-subcontractor’s work. Erie County Supreme Court rejected both of these arguments and granted summary judgment to our client on its claim for contractual indemnification. In addition, Supreme Court held that the subcontractor was not a proper statutory defendant under the Labor Law and dismissed the plaintiff’s case against the subcontractor.
OUTCOME: Settlement during trial
Jury trial in Broome County. Brady represented the defendant. The defendant was strictly and absolutely liable under Section 240(1) of the New York State Labor Law (the "scaffold law") when a heavy o ... bject owned by the defendant fell more than 50 feet from the top of a roof on a state construction project and landed on the plaintiff's head as he was working at ground level. The accident was captured on video. The plaintiff alleged permanently disabling injuries, including a traumatic brain injury with sequelae, in addition to cervical spine and shoulder injuries. He was deemed permanently disabled by the Social Security Administration and Workers' Compensation. At the start of the trial, the plaintiff demanded $3,500,000 to settle the case. After eight days of testimony, including Brady's cross examination of numerous medical experts, the case settled for low six figures.
OUTCOME: Jury verdict for client
Jury trial in Monroe County. Brady obtained a defense verdict in Monroe County after a seven-day jury trial. Brady represented a defendant contractor who had milled a keyway on the shoulder of a count ... y road in preparation for a re-paving project. The plaintiff, a 25-year old graduate student, was riding her bicycle at a high rate of speed along the shoulder of the county road when the tire of her bicycle struck the 1.5” saw-cut edge of the keyway, causing her to fall from her bike and sustain a traumatic brain injury. At trial, the plaintiff established that the defendant had not obtained a permit to perform the subject milling work on a public right-of-way, and that the defendant did not leave behind any signs, cones or pavement markings to warn bicyclists and pedestrians of the alleged hazardous condition. The plaintiff sought $1,200,000 in lost wages and additional damages for pain and suffering. After two hours of deliberations, the jury returned a defense verdict in favor of the defendant contractor.
OUTCOME: Defense verdict
Jury trial in Warren County. Represented the owner of a construction site. The owner had been sued for an alleged violation of Section 240(1) of the New York Labor Law, which imposes strict and absolu ... te liability on owners of construction sites for failing to provide adequate safety devices to prevent workers from falling from a height. The Plaintiff was a 28-year-old laborer engaged in asbestos removal on the subject construction site when he allegedly fell head first through a ten-foot ceiling to the ground below and sustained a traumatic and permanent brain injury, as well as several disabling orthopedic injuries and resulting surgeries. After a three-week trial on liability and damages, the jury returned a unanimous defense verdict finding no liability against the owner under the Labor Law.
OUTCOME: Defense verdict
Jury trial in Onondaga County. Represented the defendant in a wrongful death products liability action. The plaintiff, as administratix of her deceased husband’s estate, brought this wrongful death p ... roducts liability action based on claims of design defect and breach of implied warranty of merchantability. The decedent, a 41-year old farm laborer and father of three, was killed in March 2014 while performing maintenance underneath a hoisted tank that was mounted to a hydraulic lift system attached to the chassis of truck owned by the farm. While performing maintenance, the decedent inadvertently leaned on a hydraulic control lever mounted to the frame of the truck, which caused the hydraulic lift to lower the tank onto him and inflict fatal injuries. The defendant was a self-insured fabricator/retrofitter of the manure spreader hydraulic lift and roll-off tank system involved in the accident. The plaintiff alleged that the system was defectively designed and unreasonably safe for its intended use because, among other allegations: (i) the control levers attached to the frame of the truck presented an unreasonable risk of inadvertent activation, (ii) the hydraulic lift did not make any warning sounds when activated, (iii) and the safety “prop rod” system installed on the manure tank was defective and failed to prevent the accident. The plaintiff alleged $1,200,000 in economic loss, as well as conscious pain and suffering on behalf of the decedent. After less than one hour of deliberations, the jury returned a unanimous verdict stating that the defendant was not negligent in its design of the product, and that the defendant did not breach an implied warranty of merchantability.
OUTCOME: Favorable verdict at damages-only jury trial
Damages-only jury trial in Onondaga County. Represented the defendant general contractor. The plaintiff claimed over $3,000,000 in future lost wages alone, in addition to past economic loss, and past ... & future pain and suffering. The plaintiff demanded $1,800,000 to settle the case during jury deliberations. The defendant made an initial offer of $300,000, to which the plaintiff did not respond. The jury returned a verdict of $880,000, with $0 in future damages.
OUTCOME: Summary judgment
Summary judgment in Broome County. Prevailed on summary judgment motion on behalf of snowplow contractor, defeating direct negligence claims by the plaintiff and contractual indemnification claims by ... co-defendants.
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