Carman Callahan & Ingham, LLP

Carman, Callahan & Ingham Obtains Favorable Jury Verdict In High Exposure Litigation

Stephanie Boden — Fri, 28 Apr 2023 16:18:21 +0000

In the case of Gallimore v. Mullin, the 29 year old Plaintiff underwent a single level cervical discectomy and fusion at C4-C5 and was recommended for a future lumbar discectomy. Dr. Lattuga, who testified on behalf of the Plaintiff, provided testimony that the Plaintiff would likely also require a second cervical fusion to an adjacent level in her cervical spine. The Plaintiff testified that she has consistently treated from the date of loss to the time of trial.

Plaintiff’s counsel, during summation, asked the Queens County jury for 2.5 million in past pain and suffering and 4.5 in future pain and suffering. After deliberating for 45 minutes, the Jury awarded only $300,000 for past pain and suffering and $300,000 for future pain and suffering.

The post Carman, Callahan & Ingham Obtains Favorable Jury Verdict In High Exposure Litigation first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Is Awarded Summary Judgment

Stephanie Boden — Wed, 31 Mar 2021 19:38:26 +0000

In the case of Baker v. Gill, the Plaintiff commenced an action to recover against CC&I’s client, a motorist, for severe injuries, including a traumatic above the knee amputation. CC&I’s client maintained a $2,250,000 policy of insurance. Prior to the accident, CC&I’s client brought his vehicle to a complete stop behind two stopped vehicles that were in a separate accident. During the course of litigation, CC&I conducted multiple depositions throughout the State of New York and engaged the services of an accident reconstructionist to establish that their client was not liable for this accident. The Plaintiff maintained the position that CC&I’s client was liable for the accident involving their client based upon violations of the VTL, including the failure to activate his hazard lights (VTL 1163) and for an improper stop in the roadway (VTL 1201). CC&I was able to establish that their client did not have ample time to activate his hazards before the accident and that the roadway did not provide a large enough shoulder for him to pull off the roadway. In doing so, the Court granted CC&I’s motion, and dismissed the action as against their client.

The post Carman, Callahan & Ingham Is Awarded Summary Judgment first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Obtains Favorable Jury Verdict

Stephanie Boden — Tue, 07 Apr 2020 20:52:18 +0000

A Bronx County Supreme Court jury rendered a defense verdict for CC&I’s client in the case of Danaher v. Raizada, Supreme Court, Rensselaer County, Index No. 258265/2017. Verdict Date: June 20, 2019. Plaintiff sustained significant injuries to her left knee including an impacted fracture, with a depression of the lateral tibial plateau, a Schatzker Type 6 displaced fracture and a non-displaced fracture of the fibular head and neck of the left knee that resulted in an open reduction, internal fixation with a cadaver graft.. The then submitted to two more surgeries due to complications stemming from the initial surgery. At the conclusion of the trial, Plaintiff’s counsel asked the jury to award the Plaintiff $1,800,000. The jury, relying on the sworn testimony of the Defendants’ experts, limited the award to only $300,000, providing minimal future pain and suffering for this plaintiff, $25,000, with the bulk of the award being rendered for the plaintiff’s past pain and suffering, $225,000, for the three surgical procedures the plaintiff had to endure. An additional $25,000 was awarded on a loss of consortium claim.

The post Carman, Callahan & Ingham Obtains Favorable Jury Verdict first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Obtains Defense Verdict on Liability

Stephanie Boden — Fri, 11 Oct 2019 21:55:09 +0000

A Kings County Supreme Court jury rendered a defense verdict in the case of Webb v. EAN & Chamunorwa, dismissing all allegations against CC&I’s clients. This case involved a side-swipe accident between two vehicles, a 2015 Jetta operated by CC & I’s client and a UPS truck that the Plaintiff was operating. Each driver claimed that the other driver moved into their lane of travel. Plaintiff claimed injuries to his left shoulder and cervical spine, undergoing multiple procedures. Prior to trial, Plaintiff made a settlement demand of $1,000,000. During cross examination, CC&I was able to uncover inconsistencies in the Plaintiff’s account of the accident, and upon the conclusion of the trial, the Kings County jury unanimously found the plaintiff 100% liable for the happening of the accident.

The post Carman, Callahan & Ingham Obtains Defense Verdict on Liability first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Announces New Partners

Hirsch Fishman — Tue, 27 Mar 2018 18:06:49 +0000

On January 3, 2018 Howard Kaplan became a member of CC&I. Howard joined the firm after spending 31 years as house counsel to Progressive Insurance Company where he was the founding managing attorney of the New York House counsel organization. He was responsible for leading their house counsel office in New York, training young lawyers how to try cases and trying the companies high exposure cases in the most difficult venues in New York. In his new role at CC& I, Howard will continue to try high exposure cases and provide our clients with the legal guidance and expertise that only rarely can be accessed in the private sector from someone who has become a true expert in understanding the insurers’ risks, concerns and objectives in addressing large loss exposures.

Carman, Callahan & Ingham is also pleased to announce that Tracy S. Reifer and Jami Amarasinghe were promoted to partners of the firm as of January 2018.

The post Carman, Callahan & Ingham Announces New Partners first appeared on Carman Callahan & Ingham, LLP.

Defense Verdict on Liability in Favor of Carman, Callahan & Ingham’s Clients

Hirsch Fishman — Fri, 16 Mar 2018 15:35:15 +0000

A Bronx County jury rendered a defense verdict on liability in favor of CC & I’s clients. This case involved an accident between two vehicles. CC & I’s clients were a tractor trailer driver and the corporation that employed him. Each driver claimed that the other changed lanes on the eastbound Cross Bronx Expressway. Plaintiff was an attractive Dominican born minister, who resided and worked as a minister in Bronx County. Plaintiff claimed cervical and lumbar herniated discs, and underwent a cervical fusion and was recommended for a two level lumbar fusion. Prior to trial, a $500,000 offer was extended to Plaintiff. During cross examination, CC&I was able to uncover inconsistencies in the Plaintiff’s account of the accident, and upon the conclusion of the trial, the Bronx County jury found the plaintiff 100% liable for the happening of the accident.

The post Defense Verdict on Liability in Favor of Carman, Callahan & Ingham’s Clients first appeared on Carman Callahan & Ingham, LLP.

Defense Verdict for Carman, Callahan & Ingham, LLP

Hirsch Fishman — Fri, 16 Mar 2018 15:19:15 +0000

In the case of Lavado v. Phantom Recovery Towing, et al., a Westchester County jury rendered a defense verdict for CC &I’s clients, finding that the 69 year old plaintiff failed to meet the serious injury threshold requirement of Insurance Law Section 5102(d). Plaintiff claimed the need for lumbar surgery to address a herniated disc and CC&I argued that the Plaintiff’s injuries did not satisfy the statutory requirements of a “serious injury”. Plaintiff’s counsel asked the jury to render a verdict for a total of $350,000 for past and future pain and suffering, while CC&I maintained the position that a defense verdict was warranted. Following deliberations, the jury agreed with CC&I, and rendered a defense verdict.

The post Defense Verdict for Carman, Callahan & Ingham, LLP first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Obtains Directed Verdict in Labor Law Action

Hirsch Fishman — Wed, 14 Mar 2018 15:02:03 +0000

In the case of O’Leary v. S & A Electrical, Judge Nervo of New York County Supreme Court granted a directed verdict in favor of CC&I’s client, following a multi-week trial for damages allegedly sustained by a worker on a construction project who was electrocuted, in which the settlement demand was $10,000,000. The Plaintiff initiated a claim against CC&I’s client, an electrician, who had obtained a permit to conduct the electrical installation work on the project. CC&I successfully argued that their client was not liable for Plaintiff’s injuries, and the Judge issued a directed verdict on that issue, dismissing the claims against CC&I’s client.

The post Carman, Callahan & Ingham Obtains Directed Verdict in Labor Law Action first appeared on Carman Callahan & Ingham, LLP.

Jury Renders Defense Verdict in Favor of Carman, Callahan & Ingham’s Client

Hirsch Fishman — Wed, 14 Mar 2018 15:01:36 +0000

A Richmond County Supreme Court jury rendered a defense verdict for CC&I’s client in the case of Helbig v. La Candila Espanola. This was a trial seeking damages for personal injuries allegedly sustained by Plaintiff from tripping due to allegedly defective conditions on CC&I’s client’s property. During the trial, CC&I maintained the position that the area Continue Reading »

The post Jury Renders Defense Verdict in Favor of Carman, Callahan & Ingham’s Client first appeared on Carman Callahan & Ingham, LLP.

Carman, Callahan & Ingham Wins Summary Judgment

Hirsch Fishman — Wed, 14 Mar 2018 15:01:14 +0000

In the case of Bosch v. Demi’s Place, Inc., the Plaintiff commenced an action against CC&I’s client, a restaurant, for injuries allegedly sustained when Plaintiff tripped on a raised sidewalk flag abutting the restaurant. The Plaintiff maintained the position that CC&I’s client had the duty to maintain/repair the abutting sidewalk or that CC&I’s client had made special use of the sidewalk by placing a picnic table on the sidewalk for use by their customers. CC&I presented a summary judgment motion, seeking a dismissal of the claims against their client, on the basis that their client was not liable for the sidewalk in question. The Court accepted CC&I’s argument, granted the motion, and dismissed the action as against their client.

The post Carman, Callahan & Ingham Wins Summary Judgment first appeared on Carman Callahan & Ingham, LLP.