OUTCOME: The case was settled for the full policy limits of $500.000.00
The Defendant driver of an automobile struck the Plaintiff pedestrian, causing multiple fractures. The case was complicated by Plaintiff crossing the street mid block, at an angle, and stiopping along... side a parked vehicle at the edge of the roadway
Personal injury
Costley v. Crowley Foods
Oct 22, 2009
OUTCOME: Case settled at mediation for $550,000.00
My client was a trucker picking up a loaded trailer at the Crowley Food Plant in Arkport, NY. A mechanical problem with the trailer required that part of the load be removed so that Mr. Costley could ...fix the trailer brakes. After doing so, Crowley food employees began to reload the trailer. As they did so, a fork truck driver with a long history of dangerous and inattentive driving failed to obey internal rules regarding the operation of fork trucks, and ran over my client's foot causing a limb threatening crush injury and multiple fractures.
Mr. Costley was totally disabled as a result of his injuries, and can never drive trucks again.
Crowley foods refused to negotiate the case, and so it was placed in suit. At depositions, I elicited testimony of the fork truck drivers history of driving unsafely, to the point where his co-workers were afraid to work with him. It was established that multiple complaints were made to management, with no corrective action taken.
After depositions,the attorney for Crowley Foods requested mediation. The mediation was unsuccessful, as Crowley failed to offer sufficient money to induce a settlement. After the mediation, Crowley foods finally cam up with sufficient money to settle the case.
Car accident
Miller v. McLaughlin
Feb 22, 2008
OUTCOME: Settled for full policy limits
The Plaintiff sustained a serious injury to his knee when the public bus on which he was standing was struck by Defendant's motor vehicle. Plaintiff was initially diagnosed with a torn meniscus, and un...derwent arthroscopic repair. During rehabilitation, plaintiff sustained a tear to his ACL, which the defense denied was causally related to the motor vehicle collision. Plaintiff eventually underwent a total knee replacement as a combined result of the torn ACL and severe degenerative disease in his knee. The defense denied the knee replacement was causally related to the motor vehicle collision.
After fighting through two years of constant delays by the insurance company and defense attorney, we were finally able to place this case on the trial calendar. Once that happened, the insurance company paid every penny of the inusrance limits available to the plaintiff.
Car accident
Raymond v. Dimon and Bacorn, Inc.
Apr 10, 2007
OUTCOME: $300,000.00 settlement at mediation
This was a minor impact rear end motor vehicle collision, involving less than $300.00 in property damage. The only injuries alleged were to the soft tissue, and there was almost no special damages to s...peak of. Through agressive prosecution of the case and with an impending trial date, we were able to extract an excellent settlement offer.
Personal injury
Mitchell v. State of New York
N/A
OUTCOME: Trial Verdict in favor of Plaintiff
In this very difficult liability case Attorney Adam Gee of the Ziff Law Firm represented a man who crashed his bicycle into a pothole on the shoulder of State Route 352 in Big Flats, NY. This State hi...ghway was maintained by the New York State Department of Transportatin, and so suit had to be brought in the New York State Court of Claims. After a thorough investigation, Attorney Gee learned that the pothole in question had been there for several weeks, contrary to the testimony of DOT employees. At trial, Attorney Gee was able to show that the DOT had constructive notice of this pothole, and that it was of such size and character that it required immediate attention. The failure to do so was deemed negligence on the part of the state.
Motorcycle accident
Hall and Hall v. Benjamin
N/A
OUTCOME: Case settled pre-suit for $300,000.00
Mr. and Mrs. Hall were out for a cruise on there motorcycle when a careless driver turned in front of them. There was nothing the Halls could do to avoid the collision. I immediately investigated the... accident, identified witnesses, and interviewed all appropriate parties. With liability inarguably established, the insurance company tendered the full policy limits of $300,000.00 upon my demand.