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Leav & Steinberg Celebrates Recent Summary Judgement and Preclusion Wins for Clients

Leav & Steinberg’s team of New York City attorneys and paralegals celebrate the achievement of important milestones in two separate cases, each getting us closer to securing settlements for our clients. In one case, our New York City law firm successfully won summary judgment in favor of a client who sustained an injury when the staircase he was walking on collapsed. In the other, the firm effectively precluded a critical piece of evidence from being presented to the jury, significantly strengthening our case. 

This article describes what these decisions mean for our clients and how they bring our firm closer to securing a meaningful settlement. If you have been injured and need to speak with an experienced New York City personal injury attorney, contact us for a free consultation.

Summary Judgement In Structure Collapse

Cornell Law School defines a summary judgment as “a judgment entered by a court for one party and against another party without a full trial” (1). 

In this case, the plaintiff, our client, was granted summary judgment on the issue of liability. Our client – a man in his 60s – was walking down a parking lot staircase when a step collapsed under his foot, causing him to sustain serious knee, back, and neck injuries. 

Leav & Steinberg’s New York attorneys argued successfully that the evidence clearly demonstrated the defendant’s neglect to properly maintain the staircase and left no doubt that the defendant was fully responsible for the resulting injuries of our client. 

By winning a summary judgment, Leav & Steinberg‘s attorneys successfully placed 100% of the liability on the defendants, allowing the case to skip the first portion of a trial on the issue of liability and move directly to assessing damages. Furthermore, by winning the liability, the law allows the plaintiff, if successful at the damages trial, to recover statutory interest from the date of the summary judgment award until the date of the verdict. With the court backlog and delay, this can be very meaningful and add pressure to allow our clients to receive 100% justice.

Preclusion of Critical Evidence

In another recent case, Leav & Steinberg‘s team successfully won a motion to preclude a key piece of the defenses’ evidence ahead of trial. 

This case involved two young women who retained Leav & Steinberg after they were injured in a car accident in the Bronx. The opposing counsel in this case relied on a biomechanical engineer’s report to challenge the extent and causes of our client’s injuries. 

According to the recent decision granting our motion for preclusion of evidence, the defendant’s expert report was unreliable. It was based solely on photographs and lacked consideration of critical physical evidence, witness statements, and an on-site inspection. 

Leav & Steinberg’s team of New York car accident lawyers successfully got the court to grant a motion to preclude the expert’s testimony, significantly weakening the defense’s argument and strengthening our client’s position in the case. 

Expert Legal Representation Increases Outcomes for Our Clients

While these instances aren’t settlements, they are significant milestones toward a better outcome for our clients. As you can see in each case, the expertise of Leav & Steinberg’s legal team strengthened the plaintiff’s position and brought us closer to a higher settlement. 

If you or a loved one has been injured in New York City, you would be well advised to consult with an experienced injury attorney. Leav & Steinberg’s team of attorneys is experienced in the laws pertaining to your case and can help you maximally recover from your injuries. Contact us or call (347) 960-2422 to speak with an attorney specializing in your path to recovery. 

Resources:

https://www.law.cornell.edu/wex/summary_judgment