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Maynard, O'Connor, Smith & Catalinotto, LLP

August 7, 2017

Attorney Ed Tobin Successful in Defense of a Municipality and its Police Officers

Category: Uncategorized — admin @ 8:52 am

Attorney Ed Tobin has concluded a 6 day trial in Federal Court, successfully defending a municipality and its police officers against claims of excessive force and the use of a Taser. It’s all about letting the jurors understand the standards of police practice and how a Taser actually has been demonstrated to reduce injuries. Ed has successfully defended several Capital District municipalities in police as well as other negligence claims for the last 25 years.

June 20, 2017

Maynard, O’Connor, Smith & Catalinotto, LLP Firm Participates in “Red Nose Day” Fundraiser

Category: Community — admin @ 7:27 am

On May 25, members of the firm donned red noses to show their support for Red Nose Day.  Red Nose Day is affiliated with Comic Relief and is held annually to help support poverty-stricken children in the US and throughout the world. Funds raised through donations and sales of red noses go to support a variety of charities which includes,  Boys & Girls Clubs of America, the Children’s Health Fund, and Feeding America, among others, and are used to help provide meals, education, medical care and vaccines, and clean water.   In addition to donating to the cause, the firm also collected food and monetary donations for to the Food Pantries of the Capital District and the Saugerties Food Pantry.

Maynard Red Nose Day 2017

May 23, 2017

Attorney Lia Mitchell Obtains Favorable Decision on Motion

Category: Firm News — admin @ 10:30 am

Attorney Lia Mitchell obtains dismissal of a negligence action arising out of a motor vehicle accident.  The plaintiff was claiming a crushing injury to his right leg after a truck owned by the defendant and operated by a friend/associate, rolled into plaintiff pinning his leg against a column.  The plaintiff was treated at the emergency room for hi s injuries, and received further care from a physical therapist, primary care physician, and neurologist.  The plaintiff claimed he had a disfigurement to his right thigh; permanent numbness, cramping and spasms in the right leg; and ongoing sleep problems.

After the close of discovery, defendants moved for summary judgment on the basis plaintiff had not suffered a serious injury, with plaintiff opposing and cross-moving on liability.

The Court found defendants established plaintiff had not suffered a serious injury through the submission of plaintiff’s medical records, plaintiff’s own deposition testimony, and the findings and opinions of the neurosurgeon who conducted an examination of the plaintiff. This evidence showed the plaintiff had been able to resume his normal activities, including his job, shortly after the accident; had normal strength, reflexes and range of motion in his leg; and at most had a soft tissue injury with mild associated symptoms.  In addition, the plaintiff had only a small area of atrophy on his leg which could not be considered a significant disfigurement.

The Court further found the evidence submitted by the plaintiff in opposition to defendants’ motion was insufficient, evidence which included medical records, affidavits from the plaintiff and his treating neurologist, and a video clip which purported to show the plaintiff’s spasms.  The evidence did not support plaintiff’s argument of a serious injury, and the Court was not persuaded by the video as it was not clear who made the video and if it was an accurate depiction.  As such, the Court dismissed plaintiff’s action against the defendants in its entirety.

The full Decision and Order from Hon. Victor G. Grossman, J.S.C. of Dutchess County Supreme Court can be read here.

May 22, 2017

Maynard, O’Connor Competes in Workforce Challenge

Category: Community — admin @ 7:11 am

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Congratulations to Rob Rausch, Bridget Schultz and Scott Adelmann who braved the record heat on May 18, 2017 to complete the 3.5 mile CDPHP Workforce Team Challenge running race.

May 10, 2017

Maynard Attorneys Attend Cares for Kids Radiothon

Category: Community — admin @ 8:00 am

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On May 4, Andrea Demers and Rob Rausch volunteered at the “Cares for Kids Radiothon” to benefit  the Bernard & Millie Duker Children’s Hospital at Albany Medical Center.  Rob and Andrea spent several hours answering phones and making calls to help raise funds to support the work of the hospital.  The Children’s Hospital at Albany Medical Center provides comprehensive care for children in northeastern New York and western New England, and maintains round-the-clock pediatric emergency services, a Pediatric Intensive Care Unit, a Neonatal Intensive Care Unit, and a Perinatal Center, to provide care for critically care ill newborns and premature infants.

May 8, 2017

Rob Rausch lectures at Continuing Legal Education program

Category: Uncategorized — admin @ 7:30 am

On April 28, 2017, Rob Rausch lectured at a New York State Bar Association – sponsored continuing legal education program regarding “Auto & Truck Claims, Accidents, and Litigation”.  Rob spoke on the topic of “Evaluating Damages and Use of Biomechanical Experts”.  Biomechanical engineering is a unique field of expertise, combining principles of physics and medicine, and is used to determine whether the forces exerted on the body in a particular accident are sufficient to cause injury.  Rob discussed the history of such experts and the manner in which such reviews are conducted, and offered practical advise for successful use of such theories at trial.  Rob has successfully presented such experts in defense of claims, and helped establish the prevailing appellate law on this topic.

Rob is a member of the New York State Bar Association and is a past president of the Capital District Trial Lawyers Association.

April 19, 2017

Attorney Thomas Daley Successfully Defends Surgeon in Medical Malpractice Trial

Category: Firm News — admin @ 8:03 am

Tom Daley, with the assistance of Lia Mitchell, recently successfully defended a local general surgeon after an 11 day trial.  The case involved an anastomotic leak following colon surgery.  The plaintiff became septic and required a colostomy.  The subsequent five and one-half weeks hospitalization was very stormy in that the patient had multiple stays in the Intensive Care Unit.  Following discharge, the patient was unable to resume work for five months.  The colostomy stayed in place for two and one-half years and required a complex closure for treatment of incisional hernias.  The testimony proffered by the plaintiff was that additional surgeries were going to be required in the future for continuing problems with incisional hernias.  The jury deliberated over the course of one and one-half days before delivering a verdict in favor of the defense.

April 14, 2017

Attorney Ed Tobin gives Seminar to Police Chiefs

Category: Community,Firm News — admin @ 8:30 am

On April 11 Attorney Ed Tobin was invited by the Northeastern Chiefs of Police Conference to give a 3 hour seminar to about 40 police chiefs on avoiding police liability exposures and consequent civil litigation.  Ed has successfully represented several Capital District Police or Sheriff’s Departments and their municipalities over the years, defending civil rights claims.  These claims have included assertions of excessive force, false arrest, racial bias.

March 13, 2017

Michael E. Catalinotto, Sr. Successfully Defends Physician In Medical Malpractice Trial

Category: Firm News — admin @ 3:20 pm

Michael E. Catalinotto, Sr. successfully defended a physician in a medical malpractice trial venued in Schenectady County.  The trial commenced on February 27, 2017.  At the completion of the third day of trial, the plaintiff’s attorney discontinued the case against Mr. Catalinotto’s client and settled the case with the codefendant physician.  The settlement was paid entirely by the codefendant without any payment by the physician represented by Mr. Catalinotto contributing to the overall settlement.

February 20, 2017

Rob Rausch Speaks to Pre-Law Students at Siena College

Category: Community — admin @ 7:21 am

On February 8th, Rob Rausch participated in a panel discussion at Siena College, to share information with pre-law students about law school and the practice of law.  The panelists provided information on how students can transition from college to law school, recommendations for a successful law school experience, and inside looks at different practice areas.  Rob also met separately with students who had expressed an interest in the field of personal injury litigation, and discussed changes in that practice area, perspectives on successful handling of claims, and what the future may hold for the field.

Rob has been with the firm since 1997 and represents clients in a wide range of personal injury issues, including medical malpractice claims, motor vehicle accidents, slip and trip accidents, and construction site injuries, among others.

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