February 2008 -- 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. 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.

John P. DePaolo has been named to the Board of Trustees for St. Mary's School for the Deaf for a six year term. 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 has been elected president of the Buffalo Sunrise Rotary Club for 2008-2009. 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.

January 2008 -- Joshua Rubin, Esq., obtained his second defense verdict of the month in a pedestrian/motor vehicle accident that happened on September 4, 2003. The location of the accident was Main Street in Buffalo. The plaintiff was a pedestrian crossed Main Street diagonally in an area where there was no crosswalk, intersection, stop sign, or traffic light. He successfully got across four lanes of Main Street before being accidently struck by the defendant. The plaintiff broke his leg and arm, was in the hospital for 2 weeks, and had 2 surgeries. At trial, both the plaintiff and defendant testified that the area where the accident happened was lit by streetlights and the lights from surrounding buildings, and that niether saw the other before the accident. Although the plaintiff denied drinking any alcohol before the accident, toxicology reports from the hospital showed that his blood alcohol level was .19. The jury decided that the plaintiff's own conduct was the sole cause of the accident and returned a defense verdict in less than 1 hour.

January 2008 -- In a highly contested case of causation, Joshua Rubin, Esq., obtained a defense verdict after the jury determined that a March 27, 2002 car accident did not cause the plaintiff a serious injury under New York law. The case arose from a March 27, 2002 car accident that happened on Route 5 in Derby, New York. The plaintiff T-boned the defendant's car after a tractor trailer driver waived her out of a parking lot. He claimed injuries to his back and neck, from which he had five different surgeries including the insertion of a spinal cord stimulator to help relieve chronic pain. While before trial the defendant had evidence that the plaintiff seriously injured his low back in September 1997 after falling off a machine at work, there was very little medical evidence of previous neck problems. When the plaintiff's unrestricted medical records from 1974 to September 1997 were subpoenaed to Court for trial, however, the parties learned that the plaintiff had fifteen prior episodes of back and neck pain before 1997. It was also learned that the plaintiff injured his neck in the months before the car accident in several falls. The plaintiff called four medical witnesses at trial, all of whom testified that the car accident injured the plaintiff's neck and aggravated his previous low back problems, and none of whom had an accurate picture of the plaintiff's medical history of accidents, treatments, and falls. The jury deliberated for about 100 minutes before returning a verdict for the defendant.

January 2008 -- 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. 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.

December 2007 -- Richard Woll, Esq., obtained a defense verdict in only 15 minutes after a jury decided that his client was not negligent. The case involved a two car accident that happened on May 18, 2002 at the intersection of East Delevan Avenue and Roslyn Street in Buffalo. The plaintiff was a passenger in a car being driven on Delevan Avenue by the co-defendant. Mr. Woll's client was stopped at a stop sign on Roslyn Street with the intention of turning right onto East Delavan. While stopped, however, the defendant's view to her left was obstructed by parked cars. She decided to turn anyway and was struck by the co-defendant, who had the right of way. The plaintiff alleged neck injuries for which he had surgery. At trial, two independent witnesses and the defendant's accident reconstructionist testified that the co-defendant was speeding, that he improperly merged from the right lane to the left lane on East Delavan just before the accident to avoid the parked cars, and that the defendant never would have seen the co-defendant because so many cars were parked against the curb.

November 2007 -- By providing a vigorous defense and thorough investigation, two personal injury claimants agreed to discontinue their lawsuits on the eve of trial. In the first case, Mr. DePaolo was able to track down two out-of-state liability witnesses who testified that plaintiff's own actions were the sole cause of the accident. In the second, the plaintiff was involved in a car accident where there was no property damage, he drove away without police involvement, and the defendant's medical expert found no injury from the accident. The original settlement demand was $1 million. The demand was reduced to $40,000 before trial.

November 2007 -- John DePaolo, Esq., convinced an Erie County jury that the plaintiff was 40% at fault for her own accident and that all medical testimony diagnosing Complex Regional Pain Syndrome should be disregarded. The case involved a slip-and-fall accident that happened outside of a commercial retail store. The plaintiff claimed that the store was totally at fault for letting ice build up near the entrance. Her claims of injury included an injury to her hand/thumb in the form of DeQuervain's Disease and a complex triangular tear of fibrocartilage, arthroscopic hand and thumb surgery, a knee injury, and the emergence of permanent, chronic, and disabling Complex Regional Pain Syndrome. At trial, the plaintiff demanded $2.5 million in damages. The jury found the plaintiff 40% at fault and awarded only $91,800 in damages. Significantly, instead of calling a defense expert to comment on Complex Regional Pain Syndrome, Mr. DePaolo was able to successfully debunk those claims through a prepared and detailed cross-examination of the plaintiff's multiple medical experts.

Six members of the Bouvier Partnership, LLP were named in Business First 2007 Who's Who in Law. George Collins, Jr., Dale Ehman, Peter Martin, Paul Hammond, John Canale, and Norman Greene were all selected from more than 5,600 practicing attorneys based in the eight counties of Western New York. Attorneys and Judges in the Eighth Judicial District were asked to nominate the best lawyers in more than 30 practice areas. These attorneys wish to salute their colleagues who were also named to the Who's Who in Law and thank their peers for this great honor.

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. 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, 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. 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 has been named to the Board of Directors for the Erie County Bar Foundation for a three year term. 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.

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. 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.

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. 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.

Paula M. Eade Newcomb joined the Bouvier Partnership in March 2007. She has defended individuals, corporations and municipalities in civil litigation for the last fifteen years. Ms. Newcomb was a partner with Volgenau & Bosse, LLP before joining the firm. She graduated cum laude from the State University of New York at Buffalo School of Law and magna cum laude from St. Bonaventure University. She has served on the Board of Directors for various bar associations. Paula resides in West Seneca, New York with her husband, attorney, Terence Newcomb, and their two children.

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. 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.

Scott J. Bizub joined the Bouvier Partnership in June, 2006. Mr. Bizub is a graduate of the State University of New York at Buffalo School of Law (J.D., 2006), where he was a 2006 recipient of the Robert J. Connelly Trial Technique Award, and also the Class of 2005 Gift Scholarship award, which he received for demonstrating a strong commitment to public service. In addition, Mr. Bizub is a 1997 graduate of the State University of New York at Geneseo, where he received a B.A. in Political Science and American History. Prior to attending law school, he was Vice President/Director of Government Relations for Chwat & Company, Inc., in Alexandria, Virginia, where he represented clients in the security technology, law enforcement, hospitality and construction industries before Members of the United States Congress. Mr. Bizub’s expected bar admittance date is February 22, 2007.

After only hour of deliberations, Patrick Lennon, Esq., received a unanimous no-cause defense verdict before a Niagara County jury. The jury found that the August 13, 2000 car accident was not a substantial factor on causing plaintiff's spine injuries (non surgical low back disc herniation) on the basis that: (1) the accident was a low speed impact with minimal property damage; (2) no police or ambulance responded to the scene; (3) plaintiff only missed 3 days of work; (4) plaintiff started a new job 2 weeks after the accident and before doing so had to pass an employment physical; (5) plaintiff had worked full time since the accident as an office supervisor and could do almost all her job duties; (6) plaintiff's activities were not significantly limited, and she was able to carry a pregnancy to full term after the accident; (7) after going to the emergency room on the day of the accident, plaintiff did not treat for six months afterwards; and (8) plaintiff had not seen any doctors in the four years before trial.

An Erie County jury agreed with Joshua Rubin, Esq., that the accident did not cause the plaintiff's neck and low back injuries. The plaintiff was a 78 year old part-time tractor trailer driver who was rear-ended by the defendant on May 3, 2003. He claimed that because of his injuries, he could not work, take care of his home, go shopping, perform activities, and needed help from neighbors, friends, and family. Plaintiff's family doctor, three rehabilitation doctors, and three physical therapists who treated him for 3 1/2 years linked plaintiff's injuries and limitations to the accident, including an independent medical examiner who evaluated him three times. The defense argued that: (1) plaintiff's injuries were related to arthritis; (2)<> <>the impact was a minimal one that resulted in almost no property damage; (3) plaintiff was returned to work five months after the accident with no restrictions; (4) plaintiff actually stopped working because of unrelated health conditions, including complications from diabetes, two strokes, a heart attack, high blood pressure, and high cholesterol; and (5) the symptoms of pain, numbness, and tingling into the arms and legs was caused by diabetic neuropathy and not from a disc problem in the spine. Mr. Rubin also felt that credibility was important to the jury, as there were inconsistencies between the plaintiff's testimony and what he told his doctors and therapists after the accident. The verdict was unanimous.

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. 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.

Joshua P. Rubin, Esq., convinced a three member arbitration panel that neither of the plaintiffs' injuries were serious under the Insurance Law. The case involved a serious collision that happened in Niagara County in March 2003. The plaintiffs were Tennessee residents who were visiting family in Niagara Falls when a driver crossed over the double yellow line and hit their car head on. The wife claimed that she broke her left leg, tore cartilage and a ligament in her right knee, and had a facial laceration near her left eye that scarred over. The husband primarily claimed injuries to both knees. Mr. Rubin argued that the wife's injuries were not serious on the basis that: (1) the emergency room x-rays did not show any fractures to the left leg; (2) the left leg was never casted or immobilized; (3) plaintiff never used crutches or a cane; (4) plaintiff suffered from osteoporosis, but did not follow her doctor's advise and take medication; (5) there was an 11 month delay in symptoms between the accident and when plaintiff first complained of knee injuries; (6) she only saw a plastic surgeon at her attorney's recommendation; and (7) plaintiff's scar was mild and was totally covered by her glasses. The defense also argued that the husband's injuries were merely a temporary aggravation of a pre-existing arthritic knee condition. The arbitrators agreed and found in favor of the defendant.

A Supreme Court judge agreed with Patrick Lennon, Esq., and granted summary judgment in favor of the defendant driver where a plaintiff who had been drinking and driving turned left in front of the defendant's car and caused the accident. The Court stated that as a matter of law, the defendant was not responsible for the accident, as there was no evidence that defendant was speeding or not paying attention.

Joshua P. Rubin, Esq., received a defense verdict before a three member arbitration panel. Plaintiff argued that because of the July 2002 car accident, he ruptured a disc in his low back and had to have back surgery. The defense did not dispute that plaintiff had a ruptured disc or that the fusion surgery was necessary, but argued that both were related to plaintiff's pre-existing condition. The medical records showed that plaintiff hurt his back in 1994 and 1997, and continued to have problems and limitations up until the accident happened. Three months after the accident, plaintiff's family doctor returned him to work with no restrictions with a diagnosis of a resolved low back strain. Plaintiff's attorney then referred him to a neurosurgeon, who performed back surgery several months later after being told by the plaintiff that he had "no previous back problems." The arbitrator's decision was unanimous.

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. 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.

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. 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.  

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. 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.

Dale Ehman was again successful in defending an intersection accident. In this case, both parties claimed that they had the green light and right of way. The plaintiff claimed that she drove straight through the intersection with the green light and was hit by the defendant as she made a right on red. The defendant claimed that the turned right on a green light and that the plaintiff ran the red light and caused the accident. The jury agreed with the defense, even though the police officer who investigated the accident testified that Mr. Ehman's client remembered nothing about how she got into the intersection.

In a bifurcated trial on the issue of negligence, a jury agreed with Dale Ehman that his defendant was not responsible in causing the intersection accident. The plaintiff and his expert accident reconstructionist argued that the plaintiff entered the intersection before the defendant and therefore had the right of way, even though plaintiff entered the intersection on a yellow or red light. The defendant argued that she lawfully entered the intersection with a green light, and that even though she never saw the plaintiff before entering the intersection, her view of the plaintiff's vehicle was obscured by an NFTA Metro bus. The jury decided in favor of the defendant and decided that she was not negligent and had the right of way. The jury's decision survived a post-trial motion by the plaintiff.

Veteran District and military Attorney John Flynn obtained a defense verdict in his first trial with The Bouvier Partnership. He convinced a jury that the plaintiff, who was off work for the four months immediately after the accident, did not sustain a serious injury under New York State Insurance Law § 5102(d). The plaintiff called her parents and numerous friends to bolster her position that during 90 of the first 180 days after the accident, she was unable to work, participate in activities, carry books, and take care of herself. The jurors did not find the plaintiff to be a credible witness.

In two separate jury trials, Richard Woll obtained two defense verdicts after persuading the jury that the plaintiffs did not sustain a serious injury under New York State Insurance Law § 5102(d). In both cases, the plaintiffs' chiropractor testified that during years of treatment for injuries related to the accident, neither plaintiff improved and both had significant and permanent injuries. The jury rejected all plaintiffs' claims and decided in favor of the defense.

The Appellate Division, Fourth Department was presented with the issue of whether a defendant can cross-examine the plaintiff about his prior criminal history and attempts to bribe a policeman. The court held that the questioning was proper, as offenses involving deceit, bribery, dishonesty, and untrustworthiness are relevant and may be asked to impeach the credibility of a witness. In the trial in the lower court, Richard Woll obtained a defense verdict after convincing the jury that plaintiff did not have a serious injury under Insurance Law § 5102(d). The appeal was handled by appellate veteran Norman E.S. Greene.

The plaintiff claimed that during the 1950's, he was exposed to asbestos while working at two of defendant's power plants. The defendant was able to obtain a dismissal of plaintiff's claims after arguing that because the dangers of asbestos were not widely known during the 1950's, the defendant did not have knowledge of its dangers and therefore could not be held responsible. The defendant also argued that there could be no liability under Labor Law § 241(6) because that section did not apply to incidents that happened in the 1950's. Richard Woll handled the case from The Bouvier Partnership and obtained the dismissals on behalf of the defendant.

George Collins persuaded the jury that the plaintiff's injuries and back surgery were not related to the accident. The thirty-five year old plaintiff was accidently rear-ended by the defendant, who agreed that she was responsible for the accident, but not plaintiff's injuries. The defendant argued that the plaintiff was severely overweight, had been involved a several previous accidents where she injured her back, and that she had a degenerative spine and permanent back problems even before the accident. The plaintiff demanded $500,000. The jury awarded zero.

In a jury trial in New York State Supreme Court, the jury rendered a defense verdict on the issue of plaintiff's damages. Joshua Rubin conducted the trial on behalf of the defendant. The facts showed that the defendant accidentally hit the plaintiff pedestrian with his van while backing into a warehouse where the plaintiff worked. All doctors, including two independent medical examiners, stated that the accident fractured the plaintiff's left arm, which required surgery with hardware and rodding, and resulted in a 30% permanent loss of use of the arm. Four years after the accident, the plaintiff claimed that the accident also caused a left knee injury that was repaired with arthroscopic surgery. The defendant argued that the plaintiff was partially at fault for the accident for not paying attention to the defendant's van as it backed up, that his 30% permanent loss of use was caused by a failure to attend physical therapy, do home care exercises, and follow up with his doctors, and that the knee injury was not caused by the accident because of a four year gap in medical treatment. The jury agreed with all of defendant's arguments. After deliberations, the jury found plaintiff 50% at fault for the accident, and awarded no damages for past pain and suffering, future pain and suffering, loss of enjoyment of life, medical expenses, and lost wages.

Joshua Rubin convinced a jury that the defendant was not negligent in causing a wintertime accident between the defendant driver and plaintiff pedestrian. The forty-three year old plaintiff claimed that while walking home from a bar, she was hit in the back by the defendant, who crossed the fog line and onto the shoulder. Plaintiff claimed that the accident caused spinal fractures, two ruptured discs in the low back, and that she was unable to work. The defendant claimed that the plaintiff drank 8-10 beers over a three hour period, was intoxicated, was walking with her back to traffic in snowy weather, and ran into the roadway directly in front of defendant's car as she drove around a curve. The defendant further claimed that the accident did not cause the fracture and ruptured discs, and that plaintiff was returned to work by her doctors with no restrictions six months after the accident, and that the herniations were caused by two separate accidents the plaintiff had in 2002. The jury deliberated for ninety minutes before deciding in favor of the defense.

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. 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.

After only twenty minutes of deliberation, the jury rendered a defense verdict on the issue of negligence, finding that in this T-bone intersection accident, the plaintiff driver was solely at fault. The plaintiff and her passenger claimed that at all times their light was green, and that before their car was hit by the defendant, two vehicles passed safely through the intersection directly ahead of her. The defendant, on the other hand, stated that as he approached the intersection his light changed from red to green, and the plaintiff ran the red light. The defendant's version of the accident, however, was not corroborated by his own wife, who testified that the light was red and she never saw it change color. Before trial, the parties stipulated that the value of plaintiff's injuries was forty-five thousand dollars. A settlement offer of five-thousand dollars was rejected by the plaintiff before trial.

George Collins prevailed on a motion for summary judgment in an accident case involving plaintiff's tractor trailer and a car driven the defendants. The accident happened on the Interstate 90 in Cheektowaga, New York. The defendant struck the rear wheels of the tractor-trailer after it jackknifed across the thruway at a forty-five degree angle. The plaintiff sued for permanent and total disability caused by a traumatic head injury with psychological problems, seizures, respiratory distress, leg pain, arm pain, and spinal disc injuries. The plaintiff's earnings before the alleged disability were $43,000. The judge granted the defendant's motion to dismiss on the basis that the defendant was not negligent and did not cause the accident.

Victor Gagliardi persuaded Erie County Surrogate's Court to grant summary judgment for only the second time in twenty years. 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.

Paul Hammond obtained a defense verdict in a case where the defendant was both negligent and the sole cause of the accident. Plaintiff claimed that the accident caused a cervical disc herniation with impingement on the nerve roots in his neck. The jury concluded that the plaintiff did not have a serious injury under the New York State no-fault threshold. When questioned about their thought process, the jury indicated that the plaintiff was not a believable witness.

George Collins obtained a successful result in a case involving an 11 year old plaintiff who darted into traffic between two parked cars and sustained severe fractures of the left tibia, fibula, and malleolus. The jury held that the infant plaintiff was 75% at fault for the accident for running into traffic without looking for oncoming cars. Before trial, the parties agreed that the full value of plaintiff's injuries was $50,000.