Supreme Court Suffolk County Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC

Carpenter v. DL Peterson Trust, Supreme Court, Suffolk County 2019

Neil Palmieri — Tue, 08 Oct 2019 22:47:22 +0000

Thomas Montiglio was successful in obtaining a defense verdict at a damages trial for the clients in the case of John Carpenter v. D.L. Peterson Trust and Steven Rissman in Supreme Court, Suffolk County before Justice Nolan. The case involved a motor vehicle accident where a prior jury had already determined that the defendant was 100% liable for the happening of the accident.
The injuries of the plaintiff included alleged tearing in both knees and shoulders requiring arthroscopic surgeries to both shoulders and both knees in addition to soft tissue injuries to the back and chest. The Plaintiff alleged a complete inability to work as a result of the accident. The settlement demand of plaintiff’s counsel remained $1 million throughout the trial.
The trial lasted one week and included the testimony of the parties, plaintiff’s surgeon, three physicians for the defense and the police officer that responded to the scene of the accident.
At the conclusion of the damages trial, the jury returned a unanimous defense verdict finding that the alleged injuries and resultant surgeries of the plaintiff were not causally related to the accident at issue.

The post Carpenter v. DL Peterson Trust, Supreme Court, Suffolk County 2019 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

Construction Manager not liable for plaintiff’s trip and fall in a parking lot adjacent to the construction zone

Angelo Bongiorno — Thu, 25 Oct 2018 16:41:10 +0000

Angelo J. Bongiorno and Alexys M. Cater successfully obtain summary judgment dismissing all claims and cross claims against Liro Program and Construction Management, PE, PC, EF (LIRO) arguing that the deposition testimonies demonstrate that LIRO did not own, occupy, control or derive any special use from the parking lot where plaintiff tripped and fell. In addition, we argued that there was no evidence that LIRO created the alleged dangerous defective condition. Judge David Reilly of Supreme Court, Suffolk County agreed with our arguments and found that LIRO did not owe plaintiff a duty and that plaintiff merely speculated that the alleged dangerous condition was created by LIRO. Lindstrand v. Liro Program and Construction Management, PE, PC, EF, et al.

The post Construction Manager not liable for plaintiff’s trip and fall in a parking lot adjacent to the construction zone appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

Godoy v. Central Islip UFSD, Supreme Court, Suffolk Co. 2016

bmp-law-admin — Mon, 15 Feb 2016 16:02:10 +0000

Thomas A. Montiglio was successful in obtaining a defense verdict in the case of Godoy v. Central Islip UFSD, Supreme Court, Suffolk Co. 2016 – Defense Verdict – The plaintiff was an 18-yr. old senior enrolled in night school in Central Islip School District. The plaintiff was playing floor hockey during gym class with the gym teacher actively participating in the game. The Plaintiff alleged that during the game the teacher went to take a slap shot and he attempted to block the shot by reaching the stick forward with his right hand. At that time the teacher’s stick came into contact with the plaintiff’s finger causing a fracture. Slap shots are not permitted in gym floor hockey. The teacher alleged that he did not take a slap shot but took a wrist shot from 12 ft from the goal when the ax happened. The teacher conceded that the game got competitive, but the game never got rough. Plaintiff called an expert witness that testified that the teacher would not be able to participate in the game and adequately supervise the children in the gym class. The jury found no negligence on the part of the school district.

The post Godoy v. Central Islip UFSD, Supreme Court, Suffolk Co. 2016 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

K.H., an infant v. North Babylon School District, Supreme Court, Suffolk County 2014

bmp-law-admin — Fri, 05 Sep 2014 15:53:38 +0000

Thomas A. Montiglio was successful in obtaining a defense verdict in the case of K.H., an infant v. North Babylon School District, Supreme Court, Suffolk County 2014 – Defense Verdict – The case involved a 3rd grade girl that tripped and fell at recess after chasing a ball that went off the blacktop to a grassy strip next to the blacktop that was sloped down towards several drains. The girl walked down the slope to get the ball and allegedly stepped on the drain cover, breaking her ankle. It was the allegation of P, that the drain cover was too recessed, and the kids should not have been allowed to play in that area. The jury returned a verdict of no negligence on the part of the School District.

The post K.H., an infant v. North Babylon School District, Supreme Court, Suffolk County 2014 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

C.M., infant v. Smithtown CSD, Supreme Court, Suffolk County 2011

bmp-law-admin — Wed, 28 Dec 2011 15:47:55 +0000

Thomas A. Montiglio was successful in obtaining a defense verdict in the case of C.M., infant v. Smithtown CSD, Supreme Court, Suffolk County 2011- Defense Verdict – Plaintiff, a 7th grade student at time of accident claimed he slipped and fell in a puddle of water in the cafeteria. The first time that the plaintiff observed the water was after he got up and noticed that his clothes were wet. The school had a custodian stationed in the cafeteria during all lunch periods to clean up any spills and to throw away the excess garbage. Plaintiff made the argument that the water must have come from the custodian. The jury found no negligence on behalf of the school district.

The post C.M., infant v. Smithtown CSD, Supreme Court, Suffolk County 2011 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.