Decisions

Plaintiff Loses Summary Judgment Motion on Issue of Economic Loss

August 2011

Attorney Clark J. Zimmermann, Jr., Esq., successfully defended against a motion for summary judgment brought by the plaintiff in a motor vehicle personal injury action by demonstrating that the plaintiff did not suffer economic loss in excess of basic economic loss.

Benefits Obtained for Injured Firefighter

November 2009

Lawrence Andolina and Daniel DeBolt successfully obtained benefits under General Municipal Law §207-a for a firefighter who was permanently disabled as the result of an on-the-job injury. A hearing officer had originally awarded the benefits, but the Fire District engaged in a lengthy legal battle attempting to overturn that decision.  Although the District was successful in [...]

Motor Vehicle Action Dismissed For Failure to Meet Insurance Threshold

November 2009

Attorney Christopher T. Pusateri successfully achieved Summary Judgment in Wayne County Supreme Court.  Plaintiff asserted a claim for personal injuries that were allegedly incurred as a result of a motor vehicle accident.  Defendants moved to dismiss the matter premised upon the fact that the Plaintiff had significant pre-existing injuries and that he had not met [...]

Complex Product Liability Case Dismissed

August 2009

Attorneys Christopher T. Pusateri and Daniel P. Debolt successfully obtained Summary Judgment in a complex product liability matter.  Plaintiff was a temporary employee hired and placed by an agency with a local corporation to operate an injection molding machine and accompanying robotic components.  Plaintiff circumvented a safety apparatus and was injured when the robotic component [...]

Successful Defense

August 2009

Clark J. Zimmermann, Jr., tried a case in Rochester City Court involving allegations of property damage and failure to properly control a Pit Bull resulting in personal injury. A verdict of Not Guilty was returned on the Reckless Endangerment charge, and a dismissal was granted on the Criminal Mischief charge.

Two weeks later, Mr. Zimmermann tried another case involving allegations of Assault in the Third Degree. After a four-witness trial, his client was acquitted on all counts.

Slip & Fall Case Dismissed

February 2009

Attorney Valerie Barbic successfully argued a motion for Summary Judgment in a Monroe County Supreme Court matter wherein the plaintiff alleged injuries as a result of slip and fall.  The plaintiff claimed there were icy conditions at a public mall, which the mall had notice, and demanded $1 Million to settle.  Summary judgment was granted dimissing action on proof that [...]