Culmer v. Sacco

A jury no caused the 41-yr old former plumber on the serious injury issue after 20 minutes of deliberation in NYS State Supreme Court, Hon Donna Siwek presiding. The pltf claimed that in 7/05, the Deft sideswiped him in negligently merging into traffic and aggravated neck/back injuries sustained in another MVA two months previous. He sued that claim as well and settled for $15,000 a month before trial. In addition to two yrs of chiropractic care, pltf treated with Drs Gosy, Kaplan and Panzarella and was unable to continue his $40,000 yrly plumbing job that he'd had for six years. Dr James White performed the defense IME and found no objective evidence of spinal injury. $5000 offer.

Fadale v. Zimmerman

The jury returned a verdict of no negligence against the defendant after a two day summary jury trial on liability and damages before JHO Joseph Mintz. Pltf claimed that on January 23, 2005, Deft 'T-boned' his vehicle trying to pass on the right on a narrow two-lane road as he was turning into his driveway after returning from church. Deft claimed the Pltf had gone into the oncoming lane of travel, nearly stopped by a mail box and then without sinal, abruptly turned right into the Deft's path of travel. Pltf claimed lumbar and cervical herniations, past/future lost wage and medical costs. Pltf's providers included Drs.Egnatchik, Simmons, Huckell, Waghmarae and Adymy. Dr. Withiam-Leitch was the Deft's expert. Deft offered $20,000. Pltf came down to $50,000 from $100,000 on eve of verdict. (Deft's carrier-State Farm.

Jury did not Like Coffee Being Served

George Collins, Esq., successfully obtained a defense verdict before a Niagara County jury. The case involved two separate motor vehicle accident lawsuits which happened in February 2002 and April 2003. In the February 2002 accident, Mr. Collins' 71 year old client slowly backed out of her parking spot after getting coffee at Tim Horton's and tapped the passenger side of the plaintiff's vehicle. Read More » There was almost no damage to either vehicle, other than a small dent and some mild scratches. The 37 year old plaintiff started treating with a chiropractor and was then referred to a Buffalo area neurosurgeon. An MRI revealed a torn and herniated disc in the lower back which was later confirmed by discogram. The plaintiff underwent back surgery in September 2002 without improvement. He then had a second car accident in April 2003 when he was rear ended. A second back surgery was done in October 2005. At trial, multiple doctors on behalf of the plaintiff attributed his injuries to the accidents and testified that he was totally disabled. The plaintiff's retained a vocational rehabilitation expert to further emphasize the total disability. He also hired an economist who projected the plaintiff's economic loss at $1.3 million dollars. The jury returned on defense verdict in favor of Mr. Collins' client on the basis that she was not at fault for the accident.

Defense Verdict in a Severe Rear-End

Attorney Paul Hammond successfully defended a motor vehicle accident claim where the plaintiff's car was propelled almost 100 feet down the road after being rear-ended by the defendant. At trial, the plaintiff claimed that she ruptured two discs in her neck and that she needed multi-level spine surgery. Read More » The defendant, who conceded that plaintiff did have two ruptured discs, successfully argued that they pre-existed the accident based on a history of neck problems which predated the accident by four years. The jury deliberated for 2 1/2 hours before rendering a unanimous no fault verdict.

Jury Returns Defense Verdict, Even Though the Accident Made the Plaintiff's Low Back Problems Worse

On April 9, 2002 a plaintiff with pre-existing low back problems was rear-ended by the defendant during rush hour traffic. Read More » She claimed that the accident made her pre-existing low back problems worse. Those claims were supported by her pain management doctor, her physical therapist, and the defendant's independent medical examiner, who testified that while 80% of the plaintiff's problems were pre-existing, 20% were caused by the accident. During closing arguments, the plaintiff's attorney asked for $650,000. Thirty-five minutes later, the jury returned a unanimous defense verdict. The case was defendant by veteran trial lawyer George Collins.

Hospital Settles Malpractice Claim for Negligent Dye Injection

George Collins successfully prosecuted a medical malpractice action against a local hospital that negligently injected dye into the nineteen year old client's arm during a routine CT scan. Read More » As a result of the injection the client suffered serious personal injuries to his arm with permanent effects into the future. After jury selection and the commencement of trial the Hospital offered $500,000.00, which the client accepted in settlement of his claim.

Defendant Found Not Negligent Because She Was Confronted With an Emergency Situation

May 2007 -- Dale Ehman, Esq., was again successful in obtaining a defense verdict in New York State Supreme Court. The trial involved a two car accident that happened on Camp Road in Hamburg. The plaintiffs were passengers in a car being driven west on Camp Road by one of their relatives. Read More » The driver stopped in the center turn lane to turn left into a car dealership. At the same time, a school bus driving east on Camp Road pulled into the center turning lane from the opposite direction. According to the plaintiff and their relative, the bus driver waived them on, indicating it was safe to turn left. The plaintiff's car turned left and was struck by Mr. Ehman's client as she drove east on Camp Road in the curb lane. At trial, the plaintiff called an accident reconstructionist to testify that Mr. Ehman's client was driving 17 miles over the speed limit before the accident. In response, Mr. Ehman argued that his client was presented with an emergency situation not of her making, and that his own accident reconstruction expert was correct in determining that his client was actually driving five miles under the speed limit when other car turned left. The jury unanimously found in favor of both Mr. Ehman's client and the bus company, and found the left turning driver 100% at fault for causing the accident with an unsafe turn.

Jury Verdict for the Defendant Where the Plaintiff Had a Foot Fracture

George Collins, Esq., obtained a favorable verdict in an automobile accident case before an Erie County jury. The facts were as follows. The defendant was driving west on Maple Road in Amherst and stopped to turn left across three lanes of traffic into a gas station. Read More » While the defendant was stopped, cars in the opposite lanes created a gap and waived the defendant on, indicating it was safe to turn. The plaintiff, who was driving east on Maple Road in the curb lane or on the shoulder, did not see the defendant as he slowly turned left. A T-bone accident followed, from which the plaintiff claimed a right foot fracture that was surgically repaired in an open reduction, internal fixation procedure with the insertion of surgical hardware. The plaintiff was out of work for six months and was claiming $20,000 in lost wages, as well as hundreds of thousands of dollars in damages for past and future pain and suffering. The jury's verdict found the plaintiff 72% liable for the accident and awarded the plaintiff zero dollars for her injuries and lost wages.

Injured Plaintiff Did Not Follow Doctor's Advice

An Erie County jury rendered a unanimous defense verdict in a personal injury claim arising from a September 2000 car accident. The trial was handled by veteran trial attorney, George Collins, Esq. Read More » The plaintiff argued to the jury that because of the accident, she had significant and permanent injuries to her neck and low back, as well as temporomandibular joint dysfunction (TMJ) characterized by severe jaw pain and clicking while chewing. Her treatment consisted of chiropractic care and evaluations by an oral surgeon. The defendant argued -- and the jury agreed -- that plaintiff's injuries pre-existed the accident, and that importantly, she did not follow her doctors' orders. For example, plaintiff's oral surgeon recommended that she wear her mouthpiece 20 hours per day; plaintiff wore it less than 10 hours per day. Also, plaintiff was instructed to use home care heat therapy 3-4 times per day, but she typically performed only one such session per day. The jury deliberated for only 90 minutes before returning a unanimous defense verdict.

Jury Finds in Favor of Defendant Where Five Doctors Agree that Plaintiff's Spinal Disc Injury Was Related to the Accident

In a trial in New York State Supreme Court, the jury agreed with Paul Hammond that the plaintiff did not qualify as having a serious injury under New York State Insurance Law § 5102(d). The plaintiff argued that as a result of the parking lot accident, he sustained a disc herniation at L5-S1 which would require future spinal fusion surgery. Read More » Plaintiff's position was supported by five separate orthopaedic surgeons, including the defendant's own examining physician. The plaintiff asked the jury for $850,000 in past and future damages. After deliberating for less than 30 minutes, the jury returned a verdict in favor of the defendant and awarded the plaintiff zero.

Defendant Not Negligent For Rear-Ending Plaintiff During Heavy Traffic

Dale Ehman was yet again successful in defending a motor vehicle accident case. A jury agreed that the defendant was not negligent in rear-ending the plaintiff on the Interstate 190 during rush hour traffic. The plaintiff testified that she was rear ended after coming to a full stop in the left hand lane of the I-190. Read More » The defendant and her passenger testified that plaintiff suddenly changed lanes without warning and came to a sudden stop in front of them. Mr. Ehman argued to the jury that the plaintiff did not meet her burden of establishing that the accident was the defendant's fault, and that if the jury could not determine who was being truthful about the accident or felt the evidence was even, they had to find in favor of the defendant. The jury agreed. Before trial, the parties agreed that if the defendant was negligent, her insurance carrier would pays its policy limits.

Defendant Not Negligent in Chain Reaction Accident

After a bifurcated trial on the issue of negligence, the jury held that Dale Ehman's client was not at fault for causing a chain reaction accident during heavy traffic on Bailey Avenue in Buffalo, New York. The plaintiff testified that he was rear ended by the defendant after he came to a gradual stop behind a car waiting to make a left turn. Read More » The defendant's testimony was far different. She testified that the sequence of events was as follows: the plaintiff suddenly stopped, she then stopped, but was then rear ended by the co-defendant and pushed into the plaintiff's car in front. The co-defendant, who was driving behind Mr. Ehman's client, told police that he was rear ended and pushed into the defendant by a truck which left the accident scene The police officer testified and presented a report at trial which showed that the chain reaction accident was initiated by a hit-and-run vehicle. Photos of the vehicle driven by Mr. Ehman's client showed extensive front end damage, but very little rear damage. Plaintiff's attorney argued to the jury that the physical evidence, together with the fact that the plaintiff felt two separate impacts, established that Mr. Ehman's client rear ended the plaintiff before being hit from behind. Although the jury found Mr. Ehman's client negligent, they held that she was not a substantial factor which caused the accident. They also determined that the co-defendant was not negligent as well. The plaintiff alleged extensive neck and low back injuries, and he had not worked in five years.

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Court Dismisses Personal Injury Lawsuit

John DePaolo, Esq., persuaded a Supreme Court Judge to dismiss the plaintiff's personal injury claim because his injuries were not serious under New York law. Read More » The case involved a May 2002 car accident where the plaintiff alleged nerve damage in his neck and low back. Multiple x-rays, a CT scan, and two MRI scans, however, failed to show any objective problems. An orthopaedic surgeon independently evaluated the plainiff and likewise found no obective problems related to the accident.

Court Dismisses Lawsuit Because the Defendant Was Not Negligent

A Supreme Court Judge agreed that John DePaolo's client was not the cause of a two-car accident. The case involved an August 2003 motor vehicle accident where the co-defendant turned left in front of Mr. DePaolo's client. Read More » The co-defendant argued that Mr. DePaolo's client was not paying attention and was driving too fast, but the Judge dismissed the lawsuit against Mr. DePaolo's client because he was not negligent, nor the cause of the accident.

Chiropractor's Affidavit Rejected as Insufficient

Paul Hammond recently prevailed on a motor for summary judgment on the no-fault serious injury threshold. The plaintiff alleged that because of the accident, she met the threshold under six separate categories of claimed serious injury. Read More » In granting the defendant's motion and dismissing the plaintiff's claims, the court emphasized that chiropractor's affidavit submitted by the plaintiff: (1) was not based on a recent medical examination; and (2) failed to state what tests were used to evaluate the plaintiff's condition and whether those tests were objective. The Court based its decision in part on Calucci v. Baker, 299 AD2d 897 (4th Dept. 2002), which dismissed the plaintiff's complaint on threshold because the opposing affidavit from plaintiff's chiropractor did not detail what objective tests were used to measure the plaintiff's limitations or condition.

Erie Surrogate's Court Grants Summary Judgment for Only the Second Time on Twenty Years

Victor Gagliardi persuaded Erie County Surrogate's Court to grant summary judgment for only the second time in twenty years. Read More » After hearing arguments from counsel, the judge allowed the decedent's will to be admitted to probate immediately based on documents submitted by the decedent's son and daughter, contrary to the objections to probate filed by the other daughter. The court's decision avoided the need for a trial on the merits of the will.

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The U.S. News and World Report along with the "Best Lawyers in America" organization have released the "Best Law Firm" rankings and announced that the Bouvier Partnership, LLP had been selected for a Metropolitan First-Tier ranking in the area of personal injury litigation for 2010.

Rankings will be listed in the October 2010 edition of the U.S. News and World Report magazine. Rankings were based on surveys sent to clients, lawyers, marketing and recruiting officers, law firms, and law firm associates. All of the quantitative and qualitative data were combined into an overall score for each firm. Firms with the highest overall scores were included on metropolitan lists that covered as many as 81 practice areas in 171 metropolitan areas. The Bouvier Partnership, LLP has been serving the legal needs of Western New Yorkers sine 1968 and has offices in downtown Buffalo, Hamburg and Aurora.

Norman E.S. Greene, Esq. has been selected for inclusion in the 2009 New York Super Lawyers.

In 2009 as in previous years, Mr. Greene was honored by being named to the nationwide, Corporate Counsel Edition of Super Lawyers as well as the separate Upstate New York Edition of that publication. Read More » The Corporate Counsel Editor cited Norm in the category of "Civil Litigation Defense", that designation being only received by six attorneys in the Buffalo area. He was similarly placed in the Upstate New York edition of Super Lawyers. Moreover, Norm was once again distinguished for inclusion in the Buffalo Law Journal/Business First annual publication of "Who's Who in Law" for 2009 under the category of Appellate Advocacy.

Norman E.S. Greene, Esq. has been selected for inclusion in the 2008 New York Super Lawyers.

Only 5% of the attorneys in upstate New York are named to the list. The Super Lawyers selection process includes peer nominations, a blue ribbon panel review and independent research into the candidates. Read More » Mr. Greene is a graduate of Columbia Law School and has been a trial attorney for 30 years following his time in the U.S. Attorney’s Office. He presently works for The Bouvier Partnership as an appellate specialist and resides in Williamsville with his family.

Paul F. Hammond, Esq. has been selected for inclusion in the 2008 New York Super Lawyers.

Only 5% of the attorneys in upstate New York are named to the list. The Super Lawyers selection process includes peer nominations, a blue ribbon panel review and independent research into the candidates. Read More » Mr. Hammond is a graduate of the State University of New York at Buffalo Law School and has been a trial attorney for over 20 years and is a partner at The Bouvier Partnership specializing in personal injury litigation. He resides with his family in South Buffalo.

Norman E.S. Greene and Paul F. Hammond have been selected

Norman E.S. Greene and Paul F. Hammond have been selected for inclusion in Super Lawyers–Rising Stars Edition 2008. Both attorneys were also recognized by Who's Who in Law Listing in 2007 by Business First.

John P. DePaolo Named to Board of Trustees

John P. DePaolo has been named to the Board of Trustees for St. Mary's School for the Deaf for a six year term. Read More » St. Mary's is an independent day and residential school that provides specialized services to students of all ages who are deaf, hard-of-hearing, and others who can benefit for their unique educational approach.

John P. DePaolo Elected Rotary Club President for 2008-2009

John P. DePaolo has been elected president of the Buffalo Sunrise Rotary Club for 2008-2009. Read More » Over one million Rotarians world-wide provide humanitarian service, promote good will and peace, and encourage high ethical standards in all vocations. The Buffalo Sunrise Rotary Club supports Habitat for Humanity, African orphan relief projects, Polio eradication immunization drives, and the International Youth Exchange.

John Canale Named one of the Best Lawyers in New York State

John Canale, a trial lawyer with over 50 years of experience, was named as one of the best lawyers in New York State by New York magazine. Read More » Throughout his career, Mr. Canale has built a diversified practice, representing plaintiffs, defendants, and corporations in a variety of legal undertakings. He graduated from the University of Buffalo Law School in 1947.

George Collins Re-Elected as the Vice-President of the Boys and Girls Club of Buffalo

George Collins, Jr. has been re-elected for a second term as Vice-President of the Board of Directors of the Boys and Girls Club of Buffalo. Read More » The agency runs fourteen facilities in Erie County, most of which are located within the inner city neighborhoods of Buffalo. Mr. Collins is the chairman of the Litigation Group of trial attorneys at The Bouvier Partnership, and lives in Amherst with his wife and five children.

Paula Eade Newcomb Named to Board of Directors

Paula Eade Newcomb has been named to the Board of Directors for the Erie County Bar Foundation for a three year term. Read More » She is special counsel at the Bouvier Partnership, LLP. The Erie County Bar Foundation was formed in 1957 and is the only bar foundation in the United States dedicated to helping members of the legal profession and their families in times of crisis. The ECBF also strives to improve the administration of justice, promoting the study of law, the science of jurisprudence and legal research. Ms. Newcomb resides in West Seneca with her husband and family.

John Canale Receives Award

The Western New York Trial Lawyers Association awarded John F. Canale Esq. the first annual John W. Cegielski Memorial Award for Civility in trial practice at the annual awards dinner on January 19,2007 at the Westwood Country Club in Amherst, N.Y. Read More » Mr. Canale has been Special Counsel at the Bouvier Partnership for 13 years after merging Canale,Madden and Burke where he was senior trial counsel for 35 years. He was named in 2004 to the "Best Lawyers in America" and is also a member of the American College of Trial Lawyers, as well as the American New York State and Erie County Bar Associations. The late Mr. Cegielski was a trial attorney in Western New York for 40 years much beloved and respected for being a tenacious advocate for his clients as well as a first-class gentleman at all times with a tremendous sense of humor. He coincidentally was senior litigation partner at the Bouvier Partnership when he passed in 2006. Mr. Canale resides with his wife in Eggertsville, N.Y.

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