- We obtained a verdict in favor of our client, ProMaxima Manufacturing, Ltd., a well-recognized manufacturer of professional exercise equipment, dismissing products-liability claims against it. The plaintiff, a then-55-year-old banker, fell off our client’s Roman chair and broke his neck, which paralyzed him. He sued in the United States District Court for the Western District of New York and claimed both a design defect and a marketing defect (a failure to warn) in the exercise equipment. After a 7-day trial, the jury rejected the plaintiff’s design-defect claim and also found that the absence of a warning on the Roman chair was not a cause of the plaintiff’s accident. Bloom v. Pro-Maxima Manufacturing Co., No. 05-CV-6735 (CJS) (W.D.N.Y. Feb. 2, 2010).
- We represented a large interstate company against whom a claim was filed with the U.S. Equal Employment Opportunity Commission in Buffalo, New York alleging employment discrimination out of a claimed unlawful discriminatory practice because of Complainant's race and natural origin, in violation of Title VII of the Civil Right Act of 1964. We argued that before the Complaint was terminated he was given other options, all of which he refused. In making a decision to terminate the Complainant, our client relied on the seniority of other employees. In its decision the EEOC advised that it was closing its file as based upon its investigation it was unable to conclude that the information obtained establishes violation of the claimed statutes. U.S. Equal Employment Opportunity Commission; Charge No. 846-20088-40109 (March 2009).
- We obtained dismissal of a plaintiff's Insurer's Complaint in a declaratory judgment action due to the failure of the plaintiff to provide outstanding discovery. We argued that plaintiff failed to comply with three prior conference orders and that our client has been prejudiced by the plaintiff's willful failure to produce relevant discovery in this property damage subrogation action. Supreme Court, New York County; Index No. 108241/06 (December 2008).
- We obtain summary judgment for our cable company client in a Bronx County personal injury action dismissing the case of two Plaintiffs (a mother and child) who had both claimed that they sustained an electric shock while walking on the sidewalk. We contended that our client did not create nor did it have actual or constructive notice of the condition which allegedly caused plaintiffs to suffer their alleged injuries. In addition, the Court found plaintiff's Res Ipsa Loquitor argument unavailing as the instrumentality at issue could have been under the control of various different entities. Plaintiff's counsel had made a $100,000 settlement demand prior to the case being dismissed on motion. Supreme Court, Bronx County; Index No. 23889/2004 (December 2008).
- Effective January 1, 2009, Newman Fitch Altheim Myers, P.C. changed its name to Newman Myers Kreines Gross Harris, P.C. The firm's address and all telephone numbers remain the same. The firm's website is now found at www.nmkgh.com.