JOHN P. DePAOLO CONVINCES JURY THAT HIS CLIENT WAS NOT AT FAULT FOR PLAINTIFF’S INJURIES

An Erie County Supreme Court jury wasted no time in finding that Mr. DePaolo’s client was not negligent as alleged by the 30-year-old plaintiff who ran out into the street chasing his dog.  Mr. DePaolo’s client was faced with an emergency as he drove his vehicle and had no time to avoid striking the plaintiff.  During the trial, the plaintiff admitted that he was not in a crosswalk and that he violated the Leash Law Ordinance.  Plaintiff’s counsel asked the jury for $200,000.00.  Mr. DePaolo asked the jury to decide that the plaintiff was solely responsible for the happening of the accident and the resulting fracture that required a surgical repair.  The verdict of the jury was returned in thirty minutes and awarded no money damages to the plaintiff.

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John P. DePaolo, Esq., successfully defends client in New York State Supreme Court

John P. DePaolo, Esq., successfully defends client in New York State Supreme Court- The following is Reprinted by permission -Jury Verdict Review & Analysis

DEFENDANT’S VERDICT ON THREE NO-FAULT THRESHOLD CATEGORIES
Rear-end chain collision – Plaintiff struck in rear and pushed into car in front – Plaintiff claims collision causes aggravation of prior knee meniscal tear previously addressed surgically and prompting new surgery – Plaintiff also contends subject collision causes bilateral carpal tunnel syndrome that required two surgeries – Plaintiff further maintains accident causes cervical herniations that are superimposed on previously asymptomatic degenerative disc disease and which will allegedly occasion two future cervical fusion surgeries – Plaintiff requests $1.3 mil.

Erie County, NY

Negligence was not in issue in this case in which the defendant struck a vehicle driven by a non-party in the rear, which subsequently struck the rear of the plaintiff’s car and which also propelled the plaintiff’s car into the vehicle in front while stopped at an intersection. The plaintiff claimed only moderate neck pain on the date of the accident.
The plaintiff, 63 at the time of the collision, and 66 at trial, contended that he suffered an aggravation of a prior right knee meniscal tear that was previously treated with arthroscopic surgery and which necessitated new arthroscopic surgery. The plaintiff maintained that he will suffer permanent pain and some difficulties ambulating.
The plaintiff further contended that the collision caused bilateral carpal tunnel syndrome that necessitated surgery on each side, and that future carpal tunnel surgery will probably also be required.
The plaintiff also maintained that he suffered several cervical herniations and that although the imaging studies showed degenerative disc disease, it was previously asymptomatic. The plaintiff maintained that he will probably require two cervical fusions in the future.
The plaintiff maintained that the impact to his rear was substantial and indicated that the second impact when he was pushed into the car in front was less significant.
The defendant maintained that the impacts were slight. The defendant introduced, on the issue of the plaintiff’s credibility, evidence that very minor cosmetic damage was sustained and that the cost of repair was $1200. The defendant also pointed out that none of the airbags on the vehicles involved had deployed.

The jury found for the defendant on the no-fault threshold.

REFERENCE

Plaintiff’s chiropractic expert: Lawrence Adymy DC from Buffalo, NY.

Plaintiff’s orthopedic surgical (knee) expert: Graham Huckel, MD from Buffalo, NY.

Plaintiff’s orthopedic surgical (neck) expert: Cameron Huckel, MD from Buffalo, NY.

Plaintiff’s orthopedic surgical (wrist) expert: A. Marc Tetro, MD from Buffalo, NY.

Defendant’s neurosurgical expert: Michael Landi, MD from Williamsville, NY.

Defendant’s orthopedic surgical expert: Leslie Bisson, MD from Buffalo, NY.

Rzepka vs. Berlin. Docket no. 20113155; Judge Donna Siwek, 02-18-14.

Attorney for defendant : John P. DePaolo of Bouvier Partnership, LLP in Buffalo, NY.

 

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Collins Named Defense Trial Lawyer of the Year

George W. Collins, Jr. has been selected by the Defense Trial Lawyers of Western New York to receive its highest honor, the Robert M. Kiebala Memorial Award and recognition as the 2013 Defense Trial Lawyer of the Year. Collins will receive the award at the group’s annual meeting on Wednesday, December 4, from 5:30 to 7:30 p.m., at The Mansion on Delaware.

The award is made each year to an attorney who best exemplifies the Association’s mission of “promoting the highest standard of trial conduct through member education and  advocating the defense position in civil cases with the judiciary and where appropriate in the New York state legislature.

“Collins is a partner at the Bouvier Partnership LLP, where he serves on the management committee and has chaired the litigation department. He has 26 years of experience as a trial attorney and focuses his practice on personal injury litigation.

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Bouvier Partnership, LLP was selected for a Tier 1 Ranking.

Bouvier Partnership, LLP was selected for a Tier 1 Ranking in the 2014 Edition of “US News – Best Lawyers’ – Best Law Firms”. Such rankings are determined through a combination of feedback from clients and peers. This is the fourth consecutive year that Bouvier Partnership has received this designation. The firm has been serving the WNY community for over 50 years.

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Emilio Colaiacovo, Esq. and Michael Caffery, Esq. from the Bouvier Partnership, LLP were selected for the 2013 Legal Elite of WNY.

Emilio Colaiacovo, Esq. and Michael Caffery, Esq. from the Bouvier Partnership, LLP were selected for the 2013 Legal Elite of WNY announced by Business First and the Buffalo Law Journal recently. The top practitioners in Western New York were selected by compiling a list based on a scoring system from outside nominations. Colaiacovo specializes in Family law and resides in Clarence with his family. Caffery specializes in plaintiffs and defense personal injury litigation and resides with his family in Hamburg.

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George W. Collins, Jr., Esq. has been named to the 2013-14 edition of Best Lawyers in America.

George W. Collins, Jr., Esq. has been named to the 2013-14 edition of Best Lawyers in America. His selection was based on a peer review process. Best Lawyers in America is the oldest and most highly repected peer review guide in th legal profession worldwide. Collins is Senior Partner at the Bouvier Partnership, LLP in downtown Buffalo specializing in personal injury litigation. He resides in Snyder with his family.

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Norman E.S Greene has been selected as a “2013 Top Rated Lawyer in Appellate Law”

American Lawer Media, a leading provider of news and information to the legal industry, has teamed with Martindale Hubblell to hightlight “Top Rated Appellate Lawyers” in the August issue of the American Lawer and Corporate Counsel Magazine. Norman E.S. Greene of the Bouvier Partnership, LLP has been selected as a “2013 Top Rated Lawyer in Appellate law”. Because Mr. Greene has also achieved the Martindale-Hubbell AV pre-eminent peer review rating which is the highest rating in legal ability and ethical standards, there will be a profile in the magazine to highlight his expertise and accomplishments in this national publication. He has been rated AV Afor the past 35 years. Mr. Greene is a graduate of the Columbia Law School and is Chairman of the Appellate Group at the Bouvier Partnership in Buffalo. He resides with his family in Williamsville.

 

 

 

 

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Typical Canine Behavior is Not Adequate Evidence of Vicious Propensities

John P. DePaolo obtained a verdict on behalf of his client who was sued as a result of a dog bite injury, which alleged that the particular canine exhibited vicious propensities.  Despite the use by plaintiff’s counsel of large images showing the wound to the infant plaintiff, the jury adhered to their oath as jurors to return a verdict based only upon the credible and believable evidence consistent with the law.  Plaintiff’s counsel asserted that two isolated incidents were sufficient for the jury to conclude that the canine had vicious propensitities.  The two incidents of the 4-year-old canine were typical canine behavior and the jury wasted no time in returning a verdict in favor of the defendant in less than one hour.  The case was tried in the New York State Supreme Court for an incident that occured over 4 years earlier.

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John P. DePaolo is President-Elect for the Defense Trial Lawyers Association of Western New York for 2012-2013

John P. DePaolo is President-Elect for the Defense Trial Lawyers Association of Western New York for 2012-2013.  DePaolo has served on the DTLA Board of Directors for several years.  The organization is dedicated towards providing further legal education for its members and serving as a clearinghouse for discussion and advocacy for the assistance to litigators in civil defense litigation practices.

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Bouvier Partnership, LLP selected by MerchantCircle for its Circle of Excellence for 2012

The Bouvier Partnership, LLP was selected by MerchantCircle for its Circle of Excellence for 2012, honoring law firms for top quality performance in the local business community.  MerchantCircle is a business directory and a social network that allows consumers to review on its business listing pages, corporations and partnerships in areas of business of their choosing.  The Bouvier Partnership has a Litigation Group as well as a General Practice Group that has been serving the Western New York community for approximately 60 years.

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