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Maynard, O'Connor, Smith & Catalinotto, LLP

February 22, 2012

Catalinotto Prevails in School District Case

Category: Firm News — admin @ 2:02 pm

Upon conclusion of a week long trial in Ulster County New York, Michael E. Catalinotto Jr. obtained a successful defense verdict on behalf of the defendant Onteora Central School District. In that case entitled Bednarz v Onteora CSD, the plaintiff claimed she was injured as a result of contact between she and her physical education teacher during a two-on-two basketball game during a high school physical education class. After submitting proof that the plaintiff never reported any incident or injury while at school, and that she continued to work in a physically demanding job for weeks following the alleged occurrence, the Jury agreed with the Defendant that there was no valid claim that the high school gym teacher acted negligently, or that the plaintiff’s chronic pre-existing back condition was related to or worsened by the alleged incident.

February 13, 2012

Firm is Successful in Defense of Products Liability Claim

Category: Firm News — admin @ 10:21 am

The firm was recently successful in defense of a products liability claim against a manufacturer of pool chemicals. The plaintiff maintained that when mixing the chemicals with water inside her home, she was exposed to noxious fumes and sustained respiratory injuries. The plaintiff sued the pool supply company who, in turn, commenced a third-party action against the manufacturer, claiming that the manufacturer was negligent in failing to include clearer instructions and warnings with the product. Robert Rausch moved to dismiss the third-party action, and argued that the plaintiff had testified that she had never read the packaging and instead relied on the instructions given to her by the pool supply company’s employee. Supreme Court granted the motion and agreed that if there were any deficiencies in the packaging, they could not be the proximate cause of plaintiff’s injuries.

February 6, 2012

Professional Licensure Discussed

Category: Firm News — admin @ 9:31 am

On January 25, 2012, Anne-Jo Pennock McTague presented a seminar to the Albany Chapter of the American Psychiatric Association on the topics of Preventing Malpractice Claims and Licensure Iissues, in Albany. The malpractice portion covered the legal process, the most common causes of action against psychiatrists, protective measures to either prevent suits or make them easier for counsel and experts to defend.

Also discussed were the Administrative Agencies which regulate licensure ; and the investigations of the State Health and Education Departments after a complaint is made. Included in this portion of the presentation were ways to protect your license, the definition of Professional Misconduct, Unprofessional Conduct and likely scenarios and sanctions and penalties.