Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department, in favor of our client, Maritza Deliz. The ruling, issued by a panel consisting of Hon. Peter H. Moulton, Hon. Ellen Gesmer, Hon. Andrea Masley, Hon. Bahaati Pitt-Burke Scarpulla, and Hon. Manuel J. Rosado, upheld the dismissal of all claims, cross-claims, and counterclaims asserted against Ms. Deliz.

This appeal stemmed from a fatal rear-end collision involving a garbage truck operated by defendant Stanley Davis and owned by Avid Waste Systems, Inc. The defense successfully demonstrated that Ms. Deliz, who was slowing to avoid exposed manhole covers, was struck from behind—a scenario that triggers a presumption of negligence on the part of the rear driver under Vehicle and Traffic Law § 1129(a). The Court held that the defendants failed to offer a nonnegligent explanation and that Davis’s testimony admitting he did not see Ms. Deliz’s vehicle until impact was insufficient to rebut the presumption.

The First Department also rejected arguments by co-defendant Carlo Lizza & Sons Paving, Inc., finding no evidence that Ms. Deliz’s operation of her vehicle proximately caused the crash. The Court emphasized that drivers are expected to anticipate foreseeable traffic conditions, including slowing for road hazards, and reaffirmed that claims of a “sudden stop” do not absolve a rear driver of liability absent a credible alternative explanation.

This decision reinforces critical legal standards governing rear-end collisions and safe following distances, and further highlights the importance of thorough briefing and precise witness testimony in defending against speculative liability arguments. Congratulations to Gerard Ferrara on this impactful appellate victory.

Congratulations to Rich Brown for securing a highly favorable outcome in a summary jury trial on damages in Kings County before Hon. Judge Velasquez. Despite the plaintiffs’ closing request for $400,000 and $450,000 in damages respectively, the jury awarded just $20,000 to Elisha Glean and $25,000 to Doreen Glean. In Kings County, where juries routinely award significantly higher sums for surgical cases, this outcome reflects an exceptional result for our client.

Both plaintiffs alleged extensive orthopedic and spinal injuries, including arthroscopic knee surgeries, meniscal tears, herniated discs, radiculopathy, and ongoing disability claims supported by MRIs and surgical records. The defense successfully challenged the magnitude and impact of these claims, leading the jury to return a minimal award well below expectations.

This result underscores Rich’s skillful handling of complex damages cases and his ability to deliver strong outcomes even in plaintiff-friendly venues. Congratulations to Rich on a standout win.

Congratulations to Gerard Ferrara for securing a summary judgment dismissal in Nassau County Supreme Court before Hon. Gregg Roth. The plaintiff alleged significant spinal and shoulder injuries, claiming his injuries met multiple serious injury threshold categories under New York Insurance Law § 5102(d).

Gerard successfully argued that the plaintiff failed to establish a serious injury, leading the court to dismiss the case in its entirety. Key findings from the court’s decision included:

Full Range of Motion and No Objective Findings – The defense’s medical expert, Dr. Kerker, conducted a comprehensive exam and found the plaintiff had full range of motion in his cervical spine, lumbar spine, and right shoulder, with no objective signs of instability, internal derangement, or impairment.

Plaintiff’s Own Testimony Undermined 90/180 Claim – The court noted the plaintiff did not miss any time from work and was not confined to his home, directly contradicting his claim that he was unable to perform daily activities.

Gap in Treatment and Lack of Contemporaneous Evidence – The plaintiff stopped treatment in August 2023 and his expert exam was conducted over a year and a half after the accident, failing to provide contemporaneous medical proof of lasting injuries.

Unsworn Medical Records Inadmissible – The court rejected the plaintiff’s medical submissions as unsworn and uncertified, rendering them insufficient to raise a triable issue of fact.

With these findings, the court granted summary judgment in favor of the defense, dismissing all claims. This victory highlights Gerard’s ability to eliminate high-exposure injury claims before trial through strategic motion practice and expert medical analysis.

Congratulations to Gerard Ferrara for successfully affirming the dismissal of all claims against our client, Palabras De Rome Entertainment, Inc. This decision highlights the role of proximate cause in negligence cases. The case was heard in the Appellate Division, First Department, before a panel including Hon. Judith J. Gische, Hon. Jeffrey K. Oing, Hon. Barbara Jaffe, Hon. Peter H. Moulton, and Hon. John Higgitt.

This case arose from an incident in which a vehicle stolen from Palabras De Rome Entertainment, Inc. was involved in a high-speed chase with NYPD detectives. During the pursuit, the stolen vehicle struck another car, injuring the plaintiff, Eduardo Guzman. Guzman sought damages for his injuries, naming multiple defendants, including Palabras De Rome Entertainment, Inc.

The Supreme Court, New York County, had granted summary judgment dismissing all claims against Palabras De Rome Entertainment, Inc., holding that the accident was too remote from the theft of the vehicle to establish proximate cause. The appellate court unanimously affirmed this ruling, agreeing that the chain of events leading to the accident was too attenuated to impose liability on Palabras under Vehicle and Traffic Law § 1210 or general negligence principles.

This decision reinforces the principle that liability cannot be imposed when the connection between the defendant’s actions and the alleged harm is too remote.

Dr. Sanford Wert is an orthopedic surgeon we also see frequently on our files. Disputing a claim with a knee or shoulder surgery requires a well thought out cross-examination. How do we prove to a jury the plaintiff's claims of a knee injury which required surgery has no factual basis? Review the cross-examination attached by Charles Mailloux of our firm in a Queen's case, Keumok Han v. Spyridon Spetsieris (707898/17) from October 2019 where Dr. Wert claimed a motor vehicle accident caused a torn meniscus requiring surgery. It is hard to conceive a better result than the admissions received in this case. On Cross-Examination, Dr. Wert was confronted with the following:

Q. Would it be fair to say that the three indications for surgery are a complaint of pain, a positive diagnostic finding, and a failure of conservative treatment?
A. Yes, that's reasonable.
Q. Reviewing your report, could you describe what your findings were with regard to swelling?
A. No mention of swelling, just range of motion, and certain tests.
Q. What about testing? You performed specific tests on the Plaintiff's left knee?
A. Yes.
Q. And one of those tests that you did was a McMurray's test?
A. Yes.
Q. And a McMurray's test, correct me if I'm wrong, Doctor, is a test that can be used to identify a tear in an individual's  meniscus; is that correct?
A. Yes.
Q. And what were your findings for your McMurray's test performed on the Plaintiff on September 28, 2016?
A. Negative.
Q. You also performed an anterior drawer test; is that correct?A. Yes.
Q. Could you describe for the jury what that test was?
A. Anterior drawer is a test where you flex the knee to 90 degrees and try to pull the lower leg forward.
Q. And what were your findings on that exam?
A. That was negative.
Q. You also did a Lachman's test on the Plaintiff's left knee that day?
A. Yes.
Q. What were your findings on that test?
A. That was negative.
Q. What does Lachman's test test?
A. ACL, anterior cruciate ligament.
Q. You also did a valgus instability test?
A. Yes.
Q. And a varus instability test, correct?
A. Yes.A. They were negative.
Q. But what are you using that test for?
A. Ligaments. Medial and lateral collateral ligaments.
Q. So those tests that you did, would it be fair to say that they were aimed at looking into every part of the Plaintiff's knee in order to see if something was going on clinically?
A. Yes.
Q. And you didn't have any findings, any positive findings at all upon your examination of the Plaintiff's knee when she  first saw you, correct?
A. Correct.
Q. Would it be fair to say that if the Plaintiff was responding well to conservative treatment that she would not be  a candidate for surgery; is that correct?
A. Yes.
Q. Now, would it be fair to say when we look at the indications of surgery on September 28, 2016, Ms. Han was not a candidate for surgery to her left knee?
A. Correct.
Q. So the Plaintiff on September 28, 2016, was not a candidate for surgery, and then you performed surgery without even a further evaluation, correct?
A. Correct.

Trial Attorney-Insurance Defense

Scahill Law Group seeks a full-time Trial Attorney with a minimum of ten years of experience with an insurance defense background to take over a full pending caseload. The attorney would be responsible for representing civil defendants with primary venues being the five boroughs of New York City, Nassau, and Suffolk in Long Island and the Lower Hudson Valley. The position would require the Attorney to analyze lawsuits, prepare pleadings, conduct depositions and attend arbitrations, conferences, motions, and trials. The candidate must be organized, a team player, and able to handle a high volume of court appearances, virtual or/and in-person while handling a large caseload.

RESPONSIBILITIES INCLUDE

Analyze complex lawsuits referred from Claims and prepare necessary answers and responsive pleadings.
Interface and develop a rapport with our clients, claim customers, and our office team.
Conducts depositions and attends court conferences, arbitrations, motions, and trials.
Participates as a trial and/or appellate attorney in matters of significant exposure and complexity.
Possesses excellent knowledge of rules of evidence and civil procedure.
Possesses excellent knowledge of all aspects of Automobile Litigation, UM/SUM, and Premise Liability Insurance Law.
Provides legal research, advice, and direction to Claims on cases of significant exposure and complexity.
Work independently in making decisions in file handling, communicating those decisions appropriately, and keeping the Legal Management Team apprised.
Adept at working in a paperless environment, video conferencing skilled and proficient in computer legal case management systems.
Maintain minimum billing requirements

QUALlFICATIONS:

Possesses a minimum of ten years of relevant litigation and trial experience encompassing liability and damages verdicts.
Fully licensed to practice law in New York State and admitted to Federal Court in the Eastern and Southern Districts.
Must be able to handle a large caseload of High Indemnity matters including reporting requirements, roundtables, and a moderate to a significant amount of trial work.
Have a comprehensive knowledge of motor vehicle, premises, UM/SUM, and subrogation claims.

ADDITIONAL KNOWLEDGE. SKILLS AND ABILITIES

Excellent written and Oral Communication Skills
Willingness to work within the established system while also looking to improve processes and procedures and able to be flexible in all work assignments.
Proficiency with computer software including current Windows Operating System, MS Word, MS Teams, MS Outlook, and ability to adapt to new programs.

Legal Case Management Program experience is a plus. LexisNexis/TM

Attorney - Insurance Defense

Full Job Description

Attorney – Scahill Law Group
Responsible for handling a large volume of assigned litigation cases from inception through trial and to ensure all internal case handling and reporting requirements are consistent with the Scahill Law Group Litigation Philosophy and Litigation Management Guidelines. Provide the highest level of legal representation for Scahill Law Group Clients and their insureds.

Essential Duties and Responsibilities:
Following is a summary of the essential functions for this job. Other duties may be performed, both major and minor, which are not mentioned below. Specific activities may change from time to time.

Answer summonses and complaints
Initiate and respond to written discovery.
Prepare and respond to motions before the court.
Prepare for and attend all court appearances, as necessary.
Prepare for [including written submissions] and attend arbitrations where appropriate.
Prepare for, schedule, and conduct depositions and examinations under oath, as necessary.
Prepare for and attend trials, as necessary.
Maintain reporting procedures (i.e., file reviews, diary control)

Minimum Skills and Competencies:
The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

J.D. (Juris Doctor) Degree from an accredited US law school
Maintain appropriate licensing and educational requirements.
3 plus years of experience in insurance defense on behalf of an insurance carrier in any combination of the following areas: automobile liability, premise liability, liability claims and homeowner/premises,
Experience in all phases of litigation (including trials to verdict) involving complex, high risk and/or high exposure cases.
Possess a strong understanding of insurance law, including the laws and rules governing civil practice in the state of practice.
Ability to analyze legal issues and identify relevant case opinions and facts, as well as the ability to interpret laws, rules, and regulations.

Job Type: Full-time

Benefits:

401(k)
Dental insurance
Health insurance
Paid time off

Schedule:

Monday to Friday

Application Question(s):

Do you have experience in meeting hourly billing requirements?

Experience:

Insurance Defense: 3 years (Required)

Work Location: One location

Full Job Description

Primary Purpose:

Responsible for handling a large volume of assigned litigation from inception through trial and to ensure all internal case handling and reporting requirements are consistent with the Scahill Law Group Litigation Philosophy and Litigation Management Guidelines. Provide the highest level of legal representation for Scahill Law Group Clients and their insureds. Take ownership of any issue, problem, or error that could impact the company, policyholder, and/or loss participant.

Essential Duties and Responsibilities:

Following is a summary of the essential functions for this job. Other duties may be performed, both major and minor, which are not mentioned below. Specific activities may change from time to time.

Answer summonses and complaints
Initiate and respond to written discovery.
Prepare and respond to motions before the court.
Prepare for and attend all court appearances, as necessary.
Prepare for [including written submissions] and attend arbitrations where appropriate.
Prepare for, schedule, and conduct depositions and examinations under oath, as necessary.
Prepare for and attend trials, as necessary.
Maintain reporting procedures (i.e., file reviews, diary control)
Research and analyze legal questions and issues.
Write confidential legal memoranda.
Draft confidential opinions
Research and prepare post-trial motions and appeals.
Maintain current knowledge of applicable insurance law in the state of practice.

Minimum Skills and Competencies:

The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

J.D. (Juris Doctor) Degree from an accredited US law school
Maintain appropriate licensing and educational requirements.
3-5 years of experience in insurance defense on behalf of an insurance carrier in any combination of the following areas: automobile liability, premise liability, liability claims and homeowner/premises,
Experience in all phases of litigation (including trials to verdict) involving complex, high risk and/or high exposure cases.
Possess a strong understanding of insurance law, including the laws and rules governing civil practice in the state of practice.
Ability to analyze legal issues and identify relevant case opinions and facts, as well as the ability to interpret laws, rules, and regulations.
Possess strong analytical and critical thinking skills with the ability to provide concise, practical advice to non-lawyers.
Possess strong verbal and written communication skills with the ability to write motions and legal prose with clear and cogent arguments.
Possess strong organizational and time management skills.
Possess strong skills in attention to detail.
High degree of initiative, mature judgment, discretion, and the ability to handle sensitive matters on a confidential basis.
Possess strong client relationship skills with the ability to resolve conflicts and empathize with insured clients.
Possess strong negotiation skills.
Knowledge of complex medical issues, particularly orthopedic and neurological, with the understanding of etiology, causation, and treatment of injuries consistent with motor vehicle and premises accidents
Proficient in Microsoft Office (Word, Excel, Outlook, PowerPoint)
Proficient in Westlaw software
Solid understanding of the insurance industry and organizational relationships of the company, including the functions of other departments.

Desired Skills:

Experience in Legal Files case management software

Calendar Clerk

Job Description

A calendar clerk at Scahill Law Group, PC, is part of a team of dedicated professional’s that can handle a high-volume calendar. Under general supervision compile, verify and schedule daily calendars for court appearances of attorneys and perform other administrative duties related to the Calendar Department.

Essential Functions

· Experience scheduling Depositions

· Knowledge and understanding of the various court reporting agencies.

· Confirming court calendar, including but not limited to virtual conference, motions.

· Experience using a calendar system, such as a case management system to enter and keep track of all appearances.

· Contact attorneys and/or other parties regarding changes to court dates, including adjournments and cancellations.

· Review calendars to prevent over-booking.

· Interact with court, clients and attorneys on a daily basis.

Skills

· Oral Communication: Ability to communicate effectively with others using the spoken word.

· Organizing, Planning, and Prioritizing Work: The ability to arrange things or actions in a certain order or pattern according to a specific rule or set of rules (e.g., patterns of numbers, letters, words).

· Attention to Detail: Requires being careful about detail and thorough in completing work tasks.

· Time Management: Ability to manage one’s own time and utilize available work time to organize and complete work within given deadlines.

· Adaptability: Ability to adapt to change in the workplace.

· Dependability: Requires being reliable, responsible, dependable, and fulfilling obligations.

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Trial Attorney-Insurance Defense

Full Job Description