Defense Verdicts

Smilardi et al. v. Persaud et al., Index No. 16289/2012 (Sup. Ct., Kings Cnty. 2025)
Congratulations to Paul Duer for securing a strong liability defense verdict before Justice Joy Campanelli in Supreme Court, Kings County. The case arose from a 2012 multi-vehicle accident involving several defendants, including Mary Fountaine (deceased), Steven Maffei, Isabel Rosa, and Fitzgerald Degraff, with plaintiffs Daniel Smilardi and Dante Calise claiming significant injuries. After a full liability trial, the jury unanimously found that while both Fountaine and Maffei were negligent, only Maffei’s negligence was a substantial factor in causing the accident. The jury further found that plaintiff Smilardi was also negligent, and that his negligence was a substantial factor in the occurrence.
The jury apportioned fault 60% to defendant Maffei and 40% to plaintiff Smilardi, assigning 0% fault to Fountaine and Rosa. The verdict fully exonerates Scahill Law Group’s client, the Estate of Mary Fountaine, from any causal responsibility in the accident. This outcome highlights effective trial strategy, clear presentation of evidence, and the firm’s continued success in securing strong defense results even in complex multi-party liability cases.

Rivers et al. v. Bengal Limo Service Inc., Index No. 1024192/2020 (Sup. Ct., Queens Cnty. 2025)
Congratulations to Paul Duer for securing a defense verdict on damages in Supreme Court, Queens County, before Hon. Ulysses Leverett. The plaintiffs, Napoleon Rivers and Tiwannia Hutto, were represented by Lozner & Mastropietro. Despite the driver being precluded and extensive claimed injuries by Ms. Hutto—including shoulder surgery, spinal decompression, injections, and multiple diagnoses—the court returned a defense verdict.
Paul’s victory was hard won, particularly given the medical complexity of the claims.

Westgard v. Mehta, Index No. 3223B303S (Sup. Ct., Suffolk Cnty. 2025)
Congratulations to Anthony Graziani for securing a strong result in Suffolk County before Hon. James F. Matthews on a damages-only trial. The 60-year-old plaintiff alleged injuries that purportedly necessitated a shoulder replacement and sought $1.4 million in damages ($400,000 for past pain and suffering and $1 million for future pain and suffering).
Despite the plaintiff’s high demand and emotional appeal, Tony effectively argued that a $150,000 award was more appropriate based on the case’s merits and prior evaluations. The jury returned a $200,000 award, well below the demand and consistent with the defense’s recommended range.
This outcome reflects Tony’s sharp trial strategy, a well-calibrated jury read, and disciplined advocacy.

Pollack v. Progressive Insurance Company, AAA Case No. 01-23-0004-3776 (AAA SUM Arb. 2025)
Congratulations to Dave Tetlak and Karen Johnson for securing a full defense award in this high-exposure SUM arbitration before Arbitrator Sally Rose Maiolo. The claimant, Shana Pollack, sought supplementary underinsured motorist (SUM) benefits stemming from a 2021 accident and demanded $275,000.
Claimant presented multiple witnesses and experts in an attempt to prove both liability and damages, including her treating physician and husband. But after hearing testimony and reviewing evidence including Google Maps imagery, accident photos, and deposition transcripts, the arbitrator found the claimant “exaggerated and untruthful” and held her 100% responsible for the accident. Relying on Vehicle and Traffic Law §1143 and Second Department precedent, the arbitrator determined that Ms. Pollack violated her duty to yield when exiting a private driveway and failed to establish any comparative negligence on the part of the other driver.
Congratulations to Dave and Karen for their strong case preparation leading to this clean win on liability.

C.B. et al. v. City of New York et al., Index No. 514239/2021 (Sup. Ct., Kings Cnty. 2025)
Congratulations to Keri Wehrheim and Sam Amini for a significant procedural win in Kings County. The case involves claims brought on behalf of three minor plaintiffs alleging sexual abuse and inadequate supervision while residing in a group foster home. Plaintiffs sought to add SCO Family of Services as a party defendant, years into the litigation. arguing it was united in interest with the City of New York under the relation-back doctrine.
SCO had originally been represented by separate counsel. Scahill LLP substituted in and moved to vacate the default and deny SCO’s inclusion. The court agreed, holding that plaintiffs failed to show SCO was vicariously liable for the City or shared a legal interest that would justify relation back. The court also found that SCO would be prejudiced by being added so late in the case.
This outcome eliminates SCO from the action and sharply limits the claims moving forward, a strong result driven by strategic legal positioning and persuasive motion practice.

Gavilanes v. St. Francis Preparatory High School et al., Index No. 719701/2019 (Sup. Ct., Queens Cnty. 2025)
Congratulations to Keri Wehrheim for securing a critical win on behalf of Rocklyn Ecclesiastical Corp., the real estate division of the Diocese of Brooklyn. The plaintiff, a construction worker, alleged serious injuries from a fall off an A-frame ladder while performing HVAC work in the gymnasium of St. Francis Preparatory High School. He brought claims under Labor Law §§ 200, 240(1), 241(6), and common law negligence.
Rocklyn was not involved in the work and did not own or control the premises, but it held a right of reverter in the deed, meaning the property would revert to Rocklyn if it ever ceased operating as a Catholic high school. Plaintiff attempted to use this clause to impute “ownership” status to Rocklyn and impose liability.
The defendant moved to dismiss, arguing that a possibility of reverter is not a current possessory interest and does not establish control over the premises. The court agreed, citing longstanding precedent from 1896 and 1911, and dismissed the claims.
An opposite ruling would have opened the door to Labor Law liability for entities with no role in construction or site management. As such, this result protects not only Rocklyn in this case, but also the Diocese’s broader portfolio as many of its properties include similar reverter clauses.

Lobzhanidze v. 5874 Tire Corp. (Sup. Ct., Kings Cnty. 2025)
Congratulations to Isaac Dana for securing a strong result in a high-stakes damages trial before Hon. Caroline Piela Cohen in Kings County. The case involved two plaintiffs, Giorgi Lobzhanidze and Lika Morgan, who both presented significant injury claims supported by multiple expert witnesses over the course of a two-week trial.
In closing, plaintiff’s counsel requested $1.1 million in damages for Giorgi Lobzhanidze alone. Despite the demand and expert-heavy presentation, the jury awarded only $60,000 to Mr. Lobzhanidze and $20,000 to Ms. Morgan. Of those totals, Scahill's client was responsible for $45,000 and $15,000 respectively well below policy limits and a substantial reduction from the amounts sought.
This result is a testament to Isaac’s skill in challenging inflated damages claims and controlling exposure in a challenging venue.

Lancaster v. Boutsis, Index No. 536799/2022 (Sup. Ct., Kings Cnty. 2025)
Congratulations to Isaac Dana for securing a defense verdict on liability in a summary jury trial before a Kings County jury.
The case involved a $0–$100,000 damages cap, and while the jury found that the defendant was negligent, they also determined that this negligence was not the proximate cause of the accident, resulting in a complete defense win, a great result for our client.

Pollack v. Progressive Insurance Co., AAA Case No. 01-23-0004-3776 (American Arbitration Ass’n 2025)
Congratulations to Dave Tetlak and Karen Johnson for securing a full defense award in this Supplementary Uninsured Motorist (SUM) arbitration before Arbitrator Sally Rose Maiolo. The claimant, Shana Pollack, alleged serious injuries following a June 2021 accident and sought damages from a $500,000 SUM policy, citing cervical and neurological injuries and treatment from multiple providers. The respondent successfully challenged both liability and credibility.
After reviewing deposition transcripts, medical records, and testimony, the arbitrator found the claimant’s account to be exaggerated and not credible, concluding that Pollack violated VTL §1143 by failing to yield the right of way. The arbitrator assigned 100% liability to the claimant and denied the claim in full. This $0 award eliminates what could have been $475,000 in exposure, a strong result reflecting excellent preparation and execution by the team.

Philip Galasso v. Superior NY Limousine Corp., Index No. 1057946
Congratulations to Paul Duer for securing a strong defense outcome in a damages-only trial in Queens County on behalf of American Transit Insurance Company. Despite the plaintiff’s claims of serious injuries requiring both an anterior cervical discectomy and fusion as well as lumbar surgery, the jury awarded just $20,000. Paul successfully leveraged evidence of minimal vehicle damage and highlighted inconsistencies in the plaintiff’s account of a prior accident and injury, effectively undermining the credibility of the damages claim. This result reflects a sharp trial strategy and a disciplined presentation of the facts—an outstanding outcome in a venue where larger verdicts are typical. Congratulations to Paul on this excellent result.

Kelly Mena v. Mohammed S. Islam (1085819)
Congratulations to Charles Mailloux for securing a defense verdict on the issue of liability in Queens County before Hon. Laurentina S. McKetney-Butler. The defense successfully undermined the plaintiff’s credibility by introducing social media evidence that contradicted her claims of being unable to work. With critical support from Chris Harris, the defense also located and produced the driver, who testified at trial and bolstered the case. This result reflects thorough preparation and strategic execution by the entire team.

Michal Romantowski & Nicholas Liakaris v. Khan Chudery (902806)
Congratulations to Rich Brown for securing a strong defense outcome in Kings County in a summary jury trial. The jury returned a defense verdict as to plaintiff Michal Romantowski, awarding him no damages. Co-plaintiff Nicholas Liakaris was awarded only $7,000, a fraction of the claimed injuries. Both plaintiffs alleged significant injuries, including traumatic brain injuries, orthopedic damage, and ongoing cognitive issues. However, the defense was able to dismantle their claims through an extensive social media investigation revealing photos of international travel and activities inconsistent with their alleged impairments. This result highlights Rich’s meticulous preparation and effective trial presentation in exposing credibility issues and defending against enlarged claims.

Brayan Hernandez v. Ahmed Munir Salimi (5212V160K)
Congratulations to Anthony Graziani for securing a defense verdict on damages in Suffolk County before Judge Farneti. The plaintiff’s expert, Dr. Dov Berkowitz, testified that two surgeries were causally related to the accident, but Anthony’s strategic cross-examination exposed key weaknesses in the claim. By challenging causation, highlighting inconsistencies in the plaintiff’s medical history, and questioning the necessity of surgery, Anthony effectively dismantled the damages case. Key moments included: