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Maynard, O'Connor, Smith & Catalinotto, LLP

March 9, 2010

Thomas Daley succeeds in two recent trials

Category: Firm News — Tags: — admin @ 5:47 am

Partner Tom Daley successfully represented two defendants in recent trials, one in Ulster County and the other in Schenectady County.

The first case, Giamportone v. Planert Utility, Inc., involved claims by the plaintiff that a Planert vehicle, which was erecting a traffic control device at an intersection on a 55-mph road in Ulster County, allegedly created a visual obstruction that prevented approaching vehicles from seeing each other.  The vehicle was parked on the shoulder of the road and appropriate warning signs were in place, and an automobile reconstruction expert testified that the site distance was adequate and in compliance with standards.  Yet, when a vehicle attempted to enter the intersection, it was struck by a New York State Police vehicle, resulting in the death of the driver and a passenger. The reconstruction expert testified that the accident was caused by excessive speed of the State Police vehicle and the failure of the driver to exercise due caution before entering the intersection.  The jury found in favor of Planert.

In Zappone v. Brisson and Schenectady Surgical Care Associates, the plaintiff developed an abscess that was allegedly improperly drained by the defendant surgeon, resulting in the need for the plaintiff to have a temporary colostomy for 19 months.  The plaintiff also continues to have persistent problems and has an increased risk of developing colorectal cancer.  The jury unanimously agreed with the defense that the care and treatment provided by the defendants were proper and in line with accepted standards of care.  The defense had established that the problems experienced by the plaintiff at the time and which persist today are the direct result of the underlying condition and were not caused by malpractice.  Schenectady County Supreme Court Judge Barry D. Kramer presided in the case, which was found in favor of the defense.

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