KSLN Attorneys Thomas Digati and Jillian Gately have obtained a no-cause verdict in NYS Supreme Court (Erie County), the Honorable Dennis J. Ward, J.S.C. presiding.
The four day trial involved an accident where Plaintiff, represented by the law firm of Vinal & Vinal, P.C., was a passenger in a vehicle operated by a non-party with whom Plaintiff had already settled the case. Plaintiff claimed that the insured driver (our client) made a left turn in front of their vehicle and that the operator of the vehicle she was in had no opportunity to avoid the accident. The insured claimed that he had turned left from a different side street, proceeded down the road, stopped at a red light, and was rear-ended while he was stopped at the traffic light. Despite being subpoenaed on five separate occasions prior to Trial and failing to appear for a deposition during the discovery process, the operator of Plaintiff’s vehicle testified during the trial. The non-party driver of the vehicle the plaintiff was a passenger in testified that the insured turned left in front of him and that there was nothing he could do to avoid the accident. However, his testimony raised questions regarding where the accident occurred and whether it could have occurred at the light where our client claimed it occurred.
Plaintiff claimed injuries to her neck, left wrist, left elbow, right shoulder, and right knee in the accident, including a surgery on the left wrist and elbow. Plaintiff had been involved in other accidents and was disabled at the time of this accident. Dr. John Cambareri testified on behalf of the defense while Plaintiff called Dr. Michael Candaras, who conducted an independent medical examination at the request of Plaintiff’s counsel on behalf of Plaintiff.
The jury determined that our client was not negligent. It is important to note that Jillian achieved this victory after gaining admission to the New York State Bar Association in 2024 and participating in her inaugural trial.
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