Attorney Barry Roark Strutt's Legal Cases

Slip and fall accident

DiLallo v. Katsan Ltd. P'ship and JP Morgan Chase & Company

Dec 20, 2016

OUTCOME: Settled for $175,000.

This was a trip and fall case where the client slipped and fall down a grass slope after exiting his vehicle that was properly parked in a handicapped parking spot. The client suffered a broken hip. ... At trial the judge refused to charge that the defendant's were responsible for providing a handicapped spot that met the requirements of the NYS Building Code and the Americans with Disability Act. The jury returned a defendant's verdict and we appealed based upon a jury charge error. The appellate division reversed and we were granted a new trial. The defendants settled the case for a $175 rather than risk a trial with the proper jury charge.

Slip and fall accident

Stephanie Demonte v. Chestnut Oaks at Chappaqua, a/k/a Chappaqua Mews Condominium and Bahrite & Holzinger, Inc.

Nov 29, 2016

OUTCOME: The case settled for $195,000 before trial.

The client slipped and fell on ice in the condominium parking lot, re-injuring her bad back which required surgery. The trial judge dismissed the case on summary judgment finding no notice of the icy c ... onditions as a matter of law. We appealed and the appellate division held that there was a factual question regarding notice that required a trial.

Personal injury

Mason v. Cuzjack Construction Corp. and Cibor Construction, Inc.

Sep 06, 2016

OUTCOME: The case settled before trial for $525,000

In this construction accident, the client fell from a ladder while installing duct work during a commercial renovation. The ladder bent and collapsed while the client was near the top rung. The theory ... of liability was that this was a "labor law" 240(1) case. As a result of the violation of the labor law, the client suffered a significant knee injury.

Personal injury

Mangles v. Seifert

Sep 01, 2015

OUTCOME: The case settled before trial for $260,000.

The client had a bad back that had required surgery and the insertion of a "cage". The client was at a condominium function, standing stooped over because of her bad back. The defendant, believing he w ... as "helping" the client, approached her and without permission, attempted to lift her off the ground by giving her a "bear hug." The maneuver broke the cage and another surgery was required.

Appeals

Weather v. City of Mount Vernon

May 27, 2011

OUTCOME: Successful appeal of Civli Rights/Excessive Force Verdict--awarded attorney's fees

Appeal of Civil Rights verdict.

Personal injury

Kochumman Geevargheese v. Shmerler

Dec 08, 2008

OUTCOME: The case settled for $1,600,000

This was an auto accident involving serious injuries, including a C-2 vertebrae fracture to a 60 year-old information technology analyst. Listed in Jury Verdict Reporter as a top ten settlement/verdict ... for 2010.

Civil rights

Miller v. Cuccia

Jul 05, 1998

OUTCOME: Plaintiff awarded compensatory and punitive damages.

Police false arrest/civil rights case.

Barry Roark Strutt's Legal Cases (7)

DiLallo v. Katsan Ltd. P'ship and JP Morgan Chase & Company

Stephanie Demonte v. Chestnut Oaks at Chappaqua, a/k/a Chappaqua Mews Condominium and Bahrite & Holzinger, Inc.

Mason v. Cuzjack Construction Corp. and Cibor Construction, Inc.

Mangles v. Seifert

Weather v. City of Mount Vernon

Kochumman Geevargheese v. Shmerler

Miller v. Cuccia