In February 2013 KBN partner Vincent Nagler obtained a defense verdict in a premises liability case. KBN represented a Williamsburg Brooklyn cooperative whose insurance coverage for the loss was disclaimed due to late notice. The plaintiff claimed she slipped on a substance on the cooperative’s stairwell causing her a severe tri-malleolar ankle fracture which required several surgeries and left her permanently disabled. Following a trial to determine liability, a Kings County jury promptly returned a verdict in favor of the cooperative and their managing agent.
In 2012 Mr. Nagler obtained a defense verdict in a medical practice case where KBN represented two surgeons that performed a vascular surgery on the plaintiff. The plaintiff claimed that he suffered damage to his brachial plexus nerve during the subclavian steal by-pass procedure. Plaintiff claimed a loss of function to his non-dominant arm and hand following the surgery. Following a three week jury trial in Richmond County, the jury returned a verdict in favor of the vascular surgeon. The Court also dismissed the case against the assisting surgeon prior to jury deliberation.
KBN partner Stuart Bernstein, following plaintiff’s case in chief, obtained the discontinuance/dismissal of all claims alleged against KBN’s client, the decedent’s Cardiologist. Mr. Bernstein deftly cross-examined the plaintiff’s expert’s, who failed to provide any departures as against the Cardiologist, resulting in the Court granting the dismissal. The case proceeded against the Hospital and a plaintiff’s verdict was obtained.