Bouvier Law

John F. Canale Honored

admin — Wed, 22 Feb 2012 17:04:04 +0000

Buffalo Spree and Best Lawyers ® announced that John F. Canale has been named to a group of Best Lawyers ® honorees who have been on the list for the past 25 years. The list appeared in the February 2012 issue of Buffalo Spree Magazine. Canale has been of counsel in the Litigation Group of the Bouvier Partnership since 1993. Mr. Canale resides in Eggertsville with his family.

Plaintiff sees writing on the wall and avoids questioning by John P. DePaolo

admin — Fri, 20 Jan 2012 16:12:54 +0000

During early March 2011, John P. DePaolo tried a case against two other lawyers before Judge Dadd in Wyoming County. After ten (10) days of proof, the plaintiff failed to appear when he was scheduled to be cross-examined by DePaolo. Plaintiff’s counsel requested a mistrial at that point. Throughout the trial, DePaolo cross-examined multiple experts brought into Court by plaintiff’s counsel and DePaolo confirmed a very strong defense case. Included in the plaintiff’s proof were a spine surgeon, a pain management physician, a worker’s compensation independent neurologist, a worker’s compensation independent orthopedist, a vocational rehabilitation counselor and a treating neurologist. The vocational rehabilitation counselor had worked with the same claimant in the past, but had lost all of his notes and records from his prior involvement. The plaintiff had significant pre-existing claims and treatment history, which were identical to the claims asserted in the lawsuit against DePaolo’s client. The plaintiff was working in the course of his employment on the New York State Thruway when his work vehicle was rear ended by DePaolo’s client. The past medical information was significantly damaging to the plaintiff’s claim that he was injured in the accident with DePaolo’s client. There were multiple prior worker’s compensation claims, such that the plaintiff had worked very seldom throughout his life. At the time that the plaintiff did not appear for his cross-examination and the plaintiff’s attorneys moved for a mistrial, DePaolo opposed the mistrial motion and made a separate motion to dismiss the complaint with prejudice. Judge Dadd granted a mistrial. The plaintiff’s attorneys in this matter spent over $70,000.00 for the testimony of six (6) experts at trial. No new trial date has been set.

John P. DePaolo proves his client was not at fault

admin — Fri, 20 Jan 2012 16:00:16 +0000

John P. DePaolo went to trial during mid-March 2011 and obtained a no cause verdict on behalf of his client. The plaintiff alleged that DePaolo’s client was negligent in making a left-hand turn at the intersection of Sheridan Drive and North Forest Road in Amherst. DePaolo’s client was situated in the intersection northbound on North Forest intending to make a left to proceed on Sheridan Drive. She had her directional and headlights illuminated. It was daylight hours. DePaolo produced several non-party witnesses, who confirmed that his client had been in the intersection for a period of time waiting to make a left when the light turned yellow and red and she then proceeded to clear the intersection. The plaintiff, driving a Cadillac Escalade, was proceeding southbound on North Forest and was late for his daughter’s ballet recital at Union Road and Cleveland Drive. DePaolo proved circumstantially that the plaintiff entered the intersection against a red light and t-boned his client’s vehicle sending it spinning 180 degrees in a counter clockwise fashion. The jury’s verdict found the adverse vehicle was 100% at fault for the happening of the accident.

John P. DePaolo proves fault of plaintiff’s husband

admin — Fri, 20 Jan 2012 15:42:10 +0000

John P. DePaolo’s client was sued by a female plaintiff snowmobile passenger. DePaolo’s client was operating a snowmobile on the same trail, but in the opposite direction. Plaintiff sustained a comminuted fracture of both the tibia and fibula of her left leg just above the ankle joint. DePaolo brought a third-party action against the operator of the snowmobile upon which the plaintiff was a passenger and successfully proved that the third-party defendant was 50% at fault. Plaintiff never brought suit against the other person liable before the jury’s verdict. Leading up to the trial, the plaintiff’s demand was in excess of $500,000.00. On April 15, 2011, the jury returned a verdict of $100,000.00 past pain and suffering and $50,000.00 future pain and suffering. DePaolo’s client’s equitable share of the verdict is a total of $75,000.00. As the statute of limitations has not run, plaintiff’s attorney is indicating that they will be suing on a direct cause of action, the third-party defendant (who has since the loss become married to the plaintiff).

Bouvier Partnership, LLP named to the 2011-2012 “Best Law Firms” rankings

admin — Mon, 12 Dec 2011 18:49:46 +0000

U.S. News Media Group and Best Lawyers® announced the selection of the Bouvier Partnership, LLP to the 2011-2012 “Best Law Firms” rankings. The firm is located in downtown Buffalo with branch offices in East Aurora and Hamburg and was established in 1968. Bouvier received a first-tier ranking in the metropolitan division in the categories of personal injury litigation for defendants and plaintiffs. Best Lawyers® is the oldest peer-review publication in the legal profession publishing peer-reviewed listings of lawyers for over 25 years. The U.S. News Media Group publishes U.S. News and World Report Magazine as well as other publications. Rankings are based on a rigorous evaluation process including the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.

George W. Collins Jr. selected for inclusion in the 2012 edition of “The Best Lawyers in America”

admin — Mon, 12 Dec 2011 18:41:48 +0000

George W. Collins Jr. has been selected by his peers for inclusion in the 2012 edition of “The Best Lawyers in America®” in the practice area of Personal Injury Litigation – Defendants. Selection to “Best Lawyers” is based on peer-review survey with confidential evaluations be fellow attorneys. Their publication has been described as “the most respected referral list of attorneys in practice”. Collins has been a trial attorney for 26 years.

Bouvier Partnership, LLP attorneys selected for inclusion in the 2011 New York “Super Lawyers” – Upstate Edition

admin — Mon, 12 Dec 2011 18:21:22 +0000

George W. Collins Jr., Dale A. Ehman and Paul F. Hammond were honored with inclusion in the 2011 New York “Super Lawyers” – Upstate Edition. Each was named in the personal injury defense category. Inclusion is based on peer nominations and evaluations combined with independent research and is designed to bring visibility to attorneys who exhibit excellence in practice. All three are partners in the litigation group at the Bouvier Partnership in Buffalo.

Expansion of NY Estate Powers and Trusts Law Section 5-3.1 Increasing Values

admin — Thu, 20 Oct 2011 14:31:00 +0000

Effective January 1, 2011, the New York Estate Powers and Trusts Law Section 5-3.1 was expanded to increase the values of those items of a decedent’s estate that vest in the surviving spouse or children under the age of twenty-one (21) years if there is no surviving spouse.

These changes are as follows:

DESCRIPTION OLD LAW NEW LAW

One motor vehicle $15,000.00 $25,000.00

Cash $15,000.00 $25,000.00

Household & personal property $10,000.00 $20,000.00

Books, computers, etc. $ 1,000.00 $ 2,500.00

Farm animals and a tractor $15,000.00 $20,000.00

The above items are exempt from the claim of creditors of the deceased and personal property now includes jewelry, unless it is specifically bequeathed.

The above items are deemed to be separate and apart from any testamentary disposition made under a deceased’s Last Will and Testament.

Obtained a Verdict of No Cause of Action

admin — Thu, 20 Oct 2011 13:30:59 +0000

Kenneth A. Patricia, Esq., recently obtained a verdict of no cause of action in favor of his client and against the plaintiff. The defendant was driving his own car in the course of his employment with a local pizzeria and was in the process of delivering a pizza when he had a collision with the plaintiff, who was riding his bicycle. The defendant was traveling west on North Street in the Village of Hamburg and the plaintiff was riding his bicycle in a southerly direction on Division Street. After driving through the intersection, which was controlled by four stop signs, one at each corner, the plaintiff’s bicycle collided with the defendant’s car. The plaintiff sustained a broken wrist, which was ultimately surgically repaired with insertion of a plate and screws. The jury found that the defendant was negligent in failing to see the plaintiff, but held that this negligence was not a substantial factor in causing the accident.

George W. Collins Jr. Named President of the Board of Directors for the Boys and Girls Club of Buffalo

admin — Wed, 19 Oct 2011 15:41:19 +0000

George W. Collins, Jr. was named President of the Board of Directors for the Boys and Girls Club of Buffalo (BGCB) with a three-year term ending in 2014. He has served on the Board since 2004. The BGCB presently serves over 7,000 at-risk children and teens from impoverished, violent urban neighborhoods at 13 facilities, providing safe environments to work with counselors on academics, life skills, career development, nutrition and athletics.