Results
Allstate Insurance Company a/s/o Siemaszko and James Smith v. Rheem
Frank Cecere and Ken Danielsen recently obtained summary judgment on behalf of one of the largest manufacturers of heating and cooling systems in the United States in a complex products liability - subrogation claim venued in the Supreme Court of Nassau County.
The plaintiff alleged that the manufacturer negligently designed the safety shut-off system of a widely used furnace system and that this negligent design caused a substantial residential fire in the East end of Long Island.
On the motion for summary judgment, the firm successfully argued that the HVAC system, as designed and install, was inappropriate for the particular furnace at issue in the lawsuit and that it was this deviation from the intended use of the furnace that led to the subject fire, not a defect in the design of the furnace's safety shut-off system (which conformed to all industry standards).
Ahmuty, Demers & McManus further argued that subsequent repairs made to the furnace's safety shut-off system by an outside contractor, particularly, the replacement of OEM parts with non-approved parts, alleviated the original manufacturer of any liability.
In rendering it decision on the eve of trial, the Court found both arguments persuasive and therefore agreed that the granting of summary judgment was appropriate. (March 2010)
Smith v. Shipman
The plaintiff, a 43 year male, claimed he sustained an exacerbation of a pre-existing back injury resulting in a hemilaminectomy, facetectomy and foraminotomy at L5/S1; and a second surgery consisting of an open retro-peritoneal exposure of the lumbar spine, anterior lumbar interbody decompression and fusion at L5/S1; anterior spinal instrumental implant at L5/S1; lumbar implant, bonegraft and revision hemilaminectomy. The plaintiff never returned to work and receives Social Security Disability.
The plaintiff claims that as he was walking down the front stoop at the premises he leased from our client, he stepped on loose bricks which separated from the step causing him to fall. Notice was established by our client's admission that he knew the steps were broken and that he made two failed attempts to repair them. The plaintiff also knew that the stairs were broken. We argued comparative negligence and assumption of risk at the trial. The plaintiff's credibility came into question as he sent e-mails to his employer which casted doubt whether the accident actually happened. Three prior convictions for DWI, 2 convictions for reckless endangerment and 1 count each of petit larceny and filing a false instrument, while initially denied by the plaintiff were put in front of the jury. Plaintiff made a demand of the $500,000 policy. The jury rendered a verdict in favor of our client. This case was tried by Patrick J. Cooney, of our Albertson office. (March 2010)
Conway v. East Meadow Union Free School District
Thomas Montiglio was successful in persuading the court to grant summary judgment in favor of our client, East Meadow School District. The case involved a high school senior who ruptured his ACL during wrestling practice. At the time of plaintiff's injury he was wrestling "live" with an alumni member of the wrestling team. Plaintiff argued that the alumni member should not have been allowed to wrestle with the members of the varsity wrestling team and it was negligence on behalf of the school district to allow the older, heavier alumni to wrestle with the plaintiff. Plaintiff testified at his deposition that he voluntarily challenged the alumni member to wrestle "live" and further that he had wrestled with this student in the past. The court granted summary judgment holding that the plaintiff assumed the risk of injury by voluntarily participating in the sport of wrestling. (January 2010)
>> List all results
Publications
Additional Insureds- What does 'Pecker Iron Works' Mean to You?
Additional Insured: What is the Value of Worth?
USLAW National Compendium of Law
>> List all publications
Presentations
Truck Accidents 101
Practice Skills-Basic Torts and Insurance Law Practice-Premises Liability
Defending a Catastrophic Auto Claim
Technology in The Courtroom for Maximum Impact
>> List all presentations
News
Long Island Business News - 40 Under 40 Awards for 2010
Donations to the Morris County Youth Shelter
Melvin and Ranjit - A Success Story
>> List all news