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Maynard, O'Connor, Smith & Catalinotto, LLP

August 26, 2013

Two Maynard Attorneys Named as Super Lawyers

Category: Uncategorized — admin @ 8:10 am

Bruce Bell and Robert Rausch have been selected as Super Lawyers by the Upstate New York Super Lawyers magazine. For the fifth time, Bruce was named as a Super Lawyer in the field of Personal Injury Defense: Medical Malpractice. Rob was named as a Super Lawyer in the category of Appellate Practice; in 2012, he was listed in the category of Personal Injury Defense: General.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The lists appear in the current issue of Super Lawyers and the September, 2013 issue of Hudson Valley Magazine.

August 19, 2013

Firm Successful in Obtaining Summary Judgment in Favor of Defendant

Category: Firm News — admin @ 8:17 am

The firm has been successful in obtaining summary judgment on behalf of a hospital. In the medical malpractice case, plaintiff alleged that he suffered personal injuries as a result of a needle fragment that broke off during the course of a surgical procedure. While plaintiff attempted to argue that a retained foreign body following a medical procedure does not occur absent negligence, Andrea Demers argued and presented an expert affidavit in the motion for summary judgment that in fact, a retained foreign body can and does occur in the absence of negligence. Specifically, in this case, the medical personnel involved in the procedure were aware that the needle had fractured and made reasonable efforts to located the needle fragment prior to the conclusion of the surgery. Additionally, Ms. Demers, through expert proof, demonstrated that plaintiff had failed to establish that the retained needle fragment was a proximate cause of his injuries. According to the Court, the plaintiff was unable to refute the proximate causation argument, even with the proffer of his own expert’s affidavit. As a result, the Court ruled that even if a question of fact had been raised as to whether the failure to located the retained foreign body constituted negligence, there was no question of fact as to the proximate causation, and as a result granted summary judgment in favor of the defendants. The awarding of summary judgment in favor of defendants in a retained foreign body case is rare, and the firm was pleased to obtain that result on behalf of their client.

August 12, 2013

Firm Obtains Dismissal of Slip and Fall Case

Category: Firm News — admin @ 8:10 am

The firm was recently successful in its defense of the St. Mary’s School.  The plaintiff, a parent of a school child, maintained that he slipped and fell on the front steps of the school, and claimed that the steps had been improperly cleaned and polished.  Our office moved for summary judgment and dismissal of the action.  We demonstrated that the School had appropriate polices and procedures for cleaning and inspection of its floors, that there was no substance or debris on the stairs, and that the mere fact that a stair might be “slippery” did not support a cause of action.  In addition, we demonstrated that there was no proof that the alleged slippery condition had existed for a significant period of time and, in fact, that the plaintiff himself had walked up and down those steps three times that day without issue or complaint.

In a written decision by Hon. David Krogmann, Supreme Court, Warren County, the Court granted our motion and dismissed the case in its entirety.  The court agreed that the School did exercise reasonable care, that there was no proof of any defective condition, and that the plaintiff had failed to demonstrate any triable issues of fact.

August 5, 2013

Firm Successfully Defends Appeal of Malpractice Action

Category: Firm News — admin @ 8:08 am

Robert Rausch was recently successful in obtaining not only a dismissal of a medical malpractice claim against a local hospital, but also in subsequently defending an appeal from that decision.  The plaintiff claimed that he was injured during the course of a physical therapy session and commenced an action in federal court based on both medical malpractice and disability claims.  The federal District Court dismissed the case, and the plaintiff appealed to the United States Second Circuit Court of Appeals.  On appeal, Rob Rausch argued that not only was the appeal jurisdictionally defective, but also that the underlying case lacked merit.  The Second Circuit agreed, affirmed the Decision of the lower court, and dismissed the case in its entirety.