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Maynard, O'Connor, Smith & Catalinotto, LLP

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.