Sam Elbadawi, Esq. | Partner, Syracuse & Auburn

 

(315) 362.8917

selbadawi@sugarmanlaw.com


Practice Areas 

Catastrophic Injuries
Claims Against Municipalities
Construction-Site Accidents
Defective Product Claims
Dog Bites
Fall Down Accidents
General Negligence

 

 

 

 

 

Motor Vehicle Accidents
Pharmaceutical Malpractice
Premises Liability Cases
Prisoner Liability
Product Liability Claims
Tort Claims
Wrongful Death

 

 

Personal Injury and Wrongful Death Lawyer in Syracuse, New York

Sam Elbadawi, a Partner since 2000, is a member of Sugarman Law Firm's management committee. He focuses on the representation of individuals, families, and estates in personal injury and wrongful death claims. He has successfully handled hundreds of personal injury claims arising from motor vehicle accidents, boating accidents, crane accidents, construction site accidents, dog bites, property defects, defective road design claims, slip-and-fall accidents arising from snow and ice, and accidents caused by defectively designed products. He has represented clients in personal injury claims against school districts, villages, towns, cities, counties, the State of New York, and the United States. He has also represented individuals in claims against insurance carriers for breach of contract, wrongful denial of disability insurance benefits, and ERISA matters. Due to the complex, time consuming, and costly nature of personal injury litigation, the majority of Mr. Elbadawi's cases are referred to him from other attorneys and law firms.  Sam has recovered well over $28,000,000 in settlements, verdicts, and arbitration awards for his clients and he has a well-earned reputation as an aggressive, skillful and efficient attorney.  He has handled claims and actions all across the State of New York and has made countless Court appearances for clients in New York State Supreme Court actions filed in Central New York, Western New York, the Capital Region, the North Country, the Southern Tier and New York City.

 

He is admitted to practice before all New York State courts, U.S. District Court for the Northern and Western Districts of New York, United States Court of Appeals for the District of Columbia, and the Unites States Supreme Court.

 

He is a member of the Onondaga County, New York State, and Central New York Women's bar associations. His other memberships include the New York State Bar Association’s Committee on Law Practice Management, the Million Dollar Advocates Forum, the New York State Trial Lawyers Institute, and the New York State Academy of Trial Lawyers, of which he is a charter member and a member of the board of directors.

 

A graduate of St. Lawrence University (B.A. Government and Economics) and Syracuse University College of Law, Mr. Elbadawi also studied international law at Georgetown University Law Center. While in law school he was Notes and Comments Editor of the Syracuse Law Review where he won the Distinguished Service Award. He was awarded the Robert M. Anderson Publication Award in recognition for excellence in writing and legal scholarship and is a Scribes Award nominee for best student-written article in a law review or journal. He was also an intern with the U.S. Attorney’s Office for the Northern District of New York.

 

Every year since 2012, Mr. Elbadawi has been selected as a Super Lawyer in the field of Plaintiff's Personal Injury by the magazine Super Lawyers, a distinction based on peer recognition and professional achievement. In 2013, he received the highest ranking, "AV Preeminent", from Martindale Hubbell directory's peer review ratings.  An "AV Preeminent" rating indicates that judges and other attorneys have rated Mr. Elbadawi as "very high" to "preeminent" in legal ability, expertise, experience, integrity, and professional excellence.  In 2017, Mr. Elbadawi was selected by the American Institute of Personal Injury Attorneys as one of the "10 Best Attorneys" in Central New York for "Exceptional and Outstanding Client Service".  The American Institute of Personal Injury Attorneys chooses attorneys for this award that have "achieved unparalleled success but most importantly have done so for the benefit of their client".

 

Mr. Elbadawi is a former member of the board of directors of the Onondaga-Oswego Chapter of the American Red Cross and former President of the Labrador Mountain Race Team. In November of 2010, Mr. Elbadawi joined the Board of Directors of the Hiscock Legal Aid Society (a non-profit organization which provides legal assistance to individuals and families in need in Onondaga County and the surrounding region). He volunteers for the Fayetteville Manlius Athletic Sports Booster Club, and he is also a member of the Board of Directors of the Syracuse Chapter of the Salvation Army.  Mr. Elbadawi is also on the Board of Directors of the Fayetteville Manlius Youth Lacrosse Association. FMYLA is a non-profit organization that focuses on teaching boys and girls grades K through 8 the game of lacrosse.

 

Mr. Elbadawi has guest lectured and taught Advanced Trial Practice at Syracuse University, College of Law and has evaluated and advised moot court teams at Syracuse University, College of Law.  He is a former member of the board of directors for the Law College Association and has served as treasurer, advisor, and fundraiser for multiple New York State Supreme Court Judicial candidates.

 

PAST LECTURES 

 

Practical Skills – Basics of Civil Practice – The Trial

Served as faculty member and speaker on the subject of opening statements  at a New York State Bar Association sponsored seminar held in Syracuse, New York on November 21, 2013.


Practical Skills - Basics of Civil Practice - The Trial

Served as a faculty member and spoke about jury selection at a New York State Bar Association-sponsored seminar entitled "Practical Skills - Basics of Civil Practice - The Trial" in Syracuse on November 15, 2011.

 

Construction Site Accidents - Vocational Rehabilitation Experts
Lectured on the topic of handling the direct and cross examination of the defendant's vocational rehabilitation expert at a seminar sponsored by the New York State Bar Association entitled Construction Site Accidents - 2010 Update, on December 3, 2010.


Premises Liability
Lectured on premises liability on May 28, 2008, as part of a New York State Bar Association Seminar.

 

Advertising Rules and Recent Changes
Lectured on advertising rules and recent changes as part of a Lorman Seminar on February 28, 2008.

 

Taking Witness Depositions
Lectured on Taking Witness Depositions in May, 2007, as part of a seminar sponsored by the New York State Bar Association.

 

Lawyer Advertising Rules
Guest speaker on WCNY's Business Closeup on February 22, 2007, to discuss recent changes to Lawyer Advertising Rules.

 

Ethics in Online Advertising
Lectured on Ethics in Online Advertising in July, 2006, as part of a seminar sponsored by the New York Academy of Trial Lawyers.

 

Rules and Strategies for Opening Statements
Lectured on Rules and Strategies Relating to Opening Statements in November, 2005, as part of a seminar sponsored by the New York State Bar Association.

 

Municipal Tort Liability, Strategies, Theories, and Updates
Lectured on Municipal Tort Liability, Strategies, Theories, and Updates in April, 2001, as part of a seminar sponsored by the New York State Bar Association.

 

NOTABLE SETTLEMENTS & VERDICTS


Mr. Elbadawi has tried dozens of cases throughout Central and Northern New York and handles cases in both New York State and Federal court on a regular basis. He has also argued numerous appeals before the New York State Appellate Division, Fourth Department.

 

Notable Cases in 2016

 

Mr. Elbadawi represented a 48 year old resident of Groton, New York who sustained a comminuted mid-shaft right femur fracture which required surgical repair as a result of a head on collision with a taxi on February 5, 2012.  Fortunately, the client healed completely from his injuries approximately 13 months after the accident.  In January, 2016, about 1 year after Mr. Elbadawi was retained, the claim settled for $90,000 which included the taxi company’s entire $25,000 automobile insurance policy and an additional $65,000 in supplemental underinsured benefits from the client’s own automobile insurance company.

 

Mr. Elbadawi represented a 50 year old resident of Groton, New York who sustained multiple rib fractures, a sternum fracture, and a fracture in her left foot as a result of a head on collision with a taxi on February 5, 2012.  Fortunately, the client healed completely from her injuries and was discharged from care about 15 months post accident.  In January, 2016, about 1 year after Mr. Elbadawi was retained, the claim settled for $95,000 which included the taxi company’s entire $25,000 automobile insurance policy and an additional $70,000 in supplemental underinsured motorist benefits from the client’s own automobile insurance company.

 

Mr. Elbadawi represented a 38 year old resident of New Berlin, New York who sustained a left pneumothorax, a concussion, and shoulder injuries which were treated non-operatively as a result of a rear end collision on Interstate 88 on July 11, 2014.  In January of 2016, approximately 20 months after Mr. Elbadawi was retained, the claim settled for $100,000 which included the other motorist’s entire $25,000 automobile insurance policy and an additional $75,000 from the client’s own automobile insurance company which was the entire amount of supplemental underinsured motorist benefits that were available.

 

Mr. Elbadawi represented a 39 year old New York State resident who sustained injuries on January of 2013.  In February of 2016, Mr. Elbadawi’s client’s claim settled for $4,900,000.  Due to a confidentiality agreement, additional details regarding the claim can not be provided.

 

Mr. Elbadawi represented a 71 year old resident of Moravia, New York who sustained a right pneumothorax, a kidney laceration, a right posterior iliac crest (pelvis) fracture, a right unlar shaft fracture (broken arm), and fractures of 4 ribs as a result of a motor vehicle accident at an intersection in the Town of Summerhill, New York on March 12, 2015.  In February of 2016, about 11 months after Mr. Elbadawi was retained, the claim settled for $100,000 which included the other motorists entire $25,000 insurance policy and an additional $75,000 from the client’s own automobile insurance company which was the entire amount of supplemental underinsured motorist benefits that were available.

 

Mr. Elbadawi represented an 82 year old resident of Seneca Falls, New York who sustained facial scarring as a result of a dog bite incident at a neighbor’s residence on October 16, 2014.  In the moments before the incident, the client entered her neighbor’s residence unannounced.  The neighbor therefore claimed that the incident was the client’s fault and also claimed that there was no proof that the dog in question had vicious propensities.  In March of 2016, about 18 months after Mr. Elbadawi was retained, the claim against the owner of the dog settled for $55,000.

 

Mr. Elbadawi represented a 17 year old resident of Ogdensburg, New York who sustained a multiple fractures in her feet including fractures of the 1st and 4th metatarsals on the right, a fracture of the 5th metatarsal on the left, and a left small toe fracture as a result of a motor vehicle accident on June 5, 2011.  Although the client underwent right ankle arthroscopy in December of 2014, the causal relation of that procedure to the motor vehicle accident was disputed because there were no fractures in the ankle joint after the subject motor vehicle accident and because the client had a lengthy pre-accident history of right ankle injuries and problems.  The surgeon released the client from care without any restrictions in December of 2015 and the client was essentially symptom free thereafter.  In June of 2016, about 20 months after Mr. Elbadawi was retained, the claim settled for $75,000.

 

Mr. Elbadawi represented a 74 year old repairman who resided in Redwood, New York who sustained low back injuries including a herniated disc at L3-L4 when he fell on the ice covered front porch steps of a customer’s residence on April 12, 2013.  Independent medical evaluations confirmed the existence of pre-existing degenerative problems in the client’s lumbar spine.  Additionally, Mr. Elbadawi’s client had sustained low back injuries in 2002 and, as a result, had undergone an extensive course of low back therapy and treatment prior to the accident.  In June of 2016, less than two years after Mr. Elbadawi was retained, the claim against the homeowner settled for $95,000.

 

Mr. Elbadawi represented a 49 year old delivery person who resided in Ogdensburg, New York who sustained a left ankle fracture that required surgical repair when he fell on the ice covered front step of a North Country market on December 26, 2013.  The client was discharged from the care of his orthopedic doctor about 10 months post accident.  The defendant market asserted a storm in progress defense (among other defenses) because weather data indicated that it was snowing and blustery in the hours before the accident.    In June of 2016, about 20 months after Mr. Elbadawi was retained, the claim settled for $95,000.

 

Mr. Elbadawi represented a 58 year old operator of a motorcycle who resided in Herkimer, New York who sustained multiple left foot and ankle injuries as a result of a collision with a motorist on September 23, 2015.  As a result of the collision, the client had to undergo surgical repair of 5 tarsometatarsal joint dislocations, a displaced 2nd metatarsal shaft fracture, and a medial cuneiform joint dislocation on September 29, 2015.  Unfortunately, the client needed to have a second operation on November 14, 2015 to remove previously implanted fixation hardware, and to repair a left tibial non-union with a bone graft.  By the summer of 2016, the client’s symptoms had improved considerably, he was discharged from the care of his surgeon and he was released to return to work.  In July of 2016, approximately 10 months after the accident, the claim against the motorist who caused the collision settled for $437,500.  

 

Mr. Elbadawi represented a 71 year old operator of an SUV who resided in Lowville, New York who sustained neck and right shoulder injuries when she was rear ended by another motorist on July 26, 2011.  The client’s claim against the motorist had been settled prior to Mr. Elbadawi’s involvement in the matter.  In September of 2014, Mr. Elbadawi was retained to assist the client in obtaining supplemental under-insurance motorist benefits (SUM benefits) from the client’s own automobile insurance carrier.  With respect to the cervical spine, the client claimed she sustained mild disc bulges at C4-C5 and C6-C7.  With respect to the shoulder injury, the client sustained, among other things, an acromio-clavicular (AC) joint sprain and a rotator cuff tear which required surgical repair on November 7, 2012.  The client’s SUM claim was arbitrated on June 28, 2016.  On August 11, 2016, the SUM arbitrator determined that the total value of the client’s claim was $115,000 which included the $25,000 previously paid by the motorist who caused the accident.  The client therefore received a net arbitration award of $90,000 in August of 2016, less than two years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 51 year old resident of Saranac Lake, New York who sustained left leg and knee injuries including a dislocated knee cap, quadriceps tendon tear, and a ruptured patellar tendon when he tripped and fell on the exterior steps of the Saranac Lake Post office on August 22, 2013.  As a result of the accident, the client underwent surgical repair of the quadriceps tendon on August 30, 2013.  In April of 2015, Mr. Elbadawi commenced a claim against the United State Postal Service alleging that the accident was caused by a defect in the exterior steps of the post office.  During a mediation held on August 31, 2016, the claim settled for $100,000, approximately 18 months after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 46 year old resident of Heuvelton, New York who sustained cervical spine and left shoulder injuries as a result of a motor vehicle accident on January 6, 2012.  With respect to the left shoulder, the client alleged a torn anterior cartilaginous glenoid labrum, a rotator cuff tear, and she underwent an arthroscopic distal clavicle excision and subacromial decompression with debridement on October 13, 2014. With respect to the cervical spine, the client alleged, among other things, a left para-central disc herniation at C6-C7 which required an anterior fusion/arthrodesis on February 23, 2016.  Prior to the subject motor vehicle accident, the client presented on numerous occasions to healthcare providers with complaints of left shoulder and spine complaints and she had sustained cervical spine injuries as a result of a previous motor vehicle accident in 2007.  The independent medical examination on behalf of the motorist who caused the accident concluded that the client’s neck and shoulder complaints were exaggerated, pre-existing, and were, at most, aggravated by the subject motor vehicle accident.  In November of 2016, approximately 18 months after Mr. Elbadawi was retained, the claim settled for $210,000.

 

Mr. Elbadawi represented a 27 year old resident of Auburn, New York who sustained right knee and leg injuries including a femur fracture and a tibial plateau fracture when the operator of the vehicle she was riding in lost control and crashed into a piece of heavy equipment parked in a nearby parking lot.  Unfortunately, the client was not wearing her seatbelt and her medical records documented her illegal drug use prior to and at the time of the subject accident.  In November of 2015, approximately 18 months after Mr. Elbadawi was retained, the claim settled for $60,000.

 

Notable Cases in 2015


Mr. Elbadawi represented a 37 year old Harrisville, New York resident who suffered severe crush injuries to his right foot and leg caused by the front wheel of a large dump truck on a construction site in the Town of Clinton, New York on September 20, 2012.  Eye witness accounts from co-workers suggested that the client may have stepped into the path of the moving dump truck and, as a result, he may have been either partially or even completely responsible for the accident. Due to the severity of the crush injuries, the client underwent multiple surgeries and eventually needed a below the knee amputation.  Following an extensive course of therapy and rehabilitation, the client returned to work full time without restriction approximately 9 months post accident.  The personal injury action which was filed in Franklin County Supreme Court settled for $2,100,000 in February of 2015 on the Friday before trial.

 

Mr. Elbadawi represented a 27 year old Potsdam resident who suffered a right knee dislocation when she fell on snow and ice in the parking lot of her apartment complex on January 20, 2013.  Follow up evaluations confirm that by August of 2013, the client’s knee problems had largely resolved without the need for surgical intervention.  The claim against the owner of the apartment complex settled for $65,000 in March of 2015.

 

Mr. Elbadawi represented a 61 year old Ogdensburg, New York resident who suffered a torn rotator cuff (shoulder injury) and cartilage tear in his wrist as a result of a motor vehicle accident on October 11, 2011.  The claim against the motorist who caused the accident settled for $50,000 in March of 2015 - less than two years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 53 year old Cazenovia, New York resident who suffered  cervical spine injuries including a herniated disc at C5-6 as a result of a rear end collision in Fayetteville, New York on December 6, 2011.  As a result of the accident, Mr. Elbadawi’s client underwent an anterior cervical discectomy and fusion in August of 2013.  The personal injury action against the motorist who caused the accident settled in May of 2015 for $250,000 - approximately two years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 16 year old Canton, New York resident who suffered facial scarring and lacerations to her chin and lower lip as a result of a dog bite incident on May 27, 2013.  Although the owners of the residence where the incident occurred did not own the dog in question, they allowed the owner (who had no insurance) to bring the dog to their residence on a regular basis.  The claim against the property owner settled for $65,000 and the infant’s settlement was subsequently approved by a New York State Supreme Court Justice in May of 2015.

 

Mr. Elbadawi represented a 46 year old Hammond, New York resident who suffered low back injuries including a thoracic syrinx as a result of a motor vehicle accident on April 28, 2013.  As a result of the accident, Mr. Elbadawi’s client underwent a laminectomy at L3 on October 21, 2014.  The claim against the motorist who caused the accident settled in June of 2015 for $90,000 - approximately 16 months after Mr. Elbadawi was retained.  Due to the client’s pre-existing disability and the injuries arising from the motor vehicle accident, Mr. Elbadawi also assisted the client with the creation of a Medicare Set Aside account.

 

Mr. Elbadawi represented the Estate of a mother of three young children who suffered fatal injuries as a result of a head on motor vehicle accident on September 28, 2013.  Eye witness accounts confirmed that the client died instantly and, mercifully, did not endure any post accident conscious pain and suffering.  The vehicle involved in the crash was owned by the client (who carried automobile insurance coverage totaling $50,000).  Although the operator of the vehicle involved in the crash did not have any  insurance, he resided with his parents who carried automobile insurance coverage with a separate insurance company with a limit of $100,000.  In June of 2015, Mr. Elbadawi received Surrogate Court approval to settle the Estate’s claims against both insurance carriers for their respective policy limits ($150,000).

 

Mr. Elbadawi represented an 84 year old Auburn, New York resident who suffered a torn rotator cuff (shoulder injury) which required surgical repair as a result of a motor vehicle accident on April 29, 2014.  Follow up examinations confirmed that the client was pain free and asymptomatic less than 5 months after surgery.  The claim against the motorist responsible for causing the accident settled in July of 2015 for $50,000 which was the entire amount of available automobile insurance coverage.

 

Mr. Elbadawi represented a 56 year old Oswego, New York resident who suffered burn injuries on May 31, 2013 when an ignited gel pot she was standing near accidentally tipped over and caused flammable liquid to spill onto her legs. The personal injury action against the owner of the gel pot settled for $350,000 in October of 2015 - approximately 14 months after Mr. Elbadawi was retained.    

              

Mr. Elbadawi represented a high school student who suffered a concussion when a lacrosse ball struck her in the head while she was training on the school’s track.  At the time of the incident, the school’s lacrosse team was practicing on the field inside the track and there were no available safety nets to protect athletes on the track.  The personal injury action against the school district settled for $32,500 in November of 2015 - approximately 11 months after the case was referred to him.

 

Mr. Elbadawi represented the Estate of a mother and her two daughters in a claim arising from a two car motor vehicle crash in the Town of Paris, New York on December 28, 2010.  At the time of the accident, road conditions and visibility were poor and likely played a role in causing the accident.  The mother and her daughters were passengers in a car that lost control, entered the oncoming lane of travel, and collided with an oncoming vehicle.  The driver of that oncoming vehicle also suffered injuries and commenced his own personal injury action.  As a result of the accident, the mother suffered fatal injuries and there was no evidence of conscious pain and suffering.  Although neither daughter suffered significant physical injuries, one of the daughters struggled emotionally after the accident and required extensive therapy.  The personal injury action against the two drivers settled for $280,000 in December of 2015. 

 

Notable Cases in 2014

 

Mr. Elbadawi represented a 33 year resident of Jamesville, New York who suffered  spinal cord injuries resulting in lower leg paralysis as a result of a motorcycle accident in the City of Syracuse on May 16, 2013.  In January of 2014, the claim against the automobile driver responsible for causing the accident settled less than 9 months after Mr. Elbadawi was retained for $250,000 (the entire amount of available coverage).

 

Mr. Elbadawi represented a 34 year old resident of Richville, New York who suffered a torn medial meniscus in the right knee which required arthroscopic surgery as a result of a multi vehicle accident in the Town of Dekalb in February of 2012.  The claim against the motorist responsible for causing the accident settled in February, 2014 for $50,000 - approximately 16 months after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a laborer in his late forties who suffered a severe knee injury requiring multiple surgeries as a result of a work related accident when he fell from a permanently affixed ladder at a co-generation plant in Chateaugay, New York on May 11, 2009.  The Labor Law action against the plant settled in March of 2014 for $275,000 - approximately 2 ½ years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 30 year old resident of Lewis County who suffered a right acetabular (hip) fracture that fully healed about 1 year later when she lost control of her brother’s off road electric utility vehicle and crashed in a ravine on July 13, 2010.  Mr. Elbadawi commenced a product liability action against the manufacturer of the vehicle in question which alleged, among other things, that the vehicle was defectively designed, had inadequate steering, acceleration and braking systems and lacked basic safety features like doors and seatbelts.  In April of 2014, the claim against the manufacturer settled for $90,000 -approximately two years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 50 year old Niagara County resident who suffered neck injuries and eventually needed an anterior cervical discectomy with fusion at C5-6 as a result of a rear end motor vehicle accident on October 20, 2010 on the I-190 in the Town of Tonowanda on October 20, 2010.  The action against the motorist who caused the rear end collision settled in May of 2014 for $450,000.

 

Mr. Elbadawi represented a 20 year old enlisted soldier stationed at the Fort Drum Army base near Watertown, New York who claimed that he suffered a herniated disc in his thoracic spine as a result of a head on motor vehicle accident in the Town of Canton, New York on May 6, 2012.  The claim against the motorist responsible for causing the collision settled in June of 2014 for $70,000 - approximately 2 years after the accident.

 

Mr. Elbadawi represented a 42 year old laborer who suffered a rotator cuff tear in his left shoulder when he fell at a construction site on March 2, 2011 in the Town of Canton, New York.  At the time of the accident, Mr. Elbadawi’s client was employed by a subcontractor hired to assist in the construction of a large dormitory on a SUNY campus in Northern New York.  Mr. Elbadawi, filed a Claim against the State of New York, the owner of the property where the accident happened, alleging in part that the accident was caused by the State’s failure to maintain a safe worksite.  The State questioned the extent of Mr. Elbadawi’s client’s injuries, questioned the causal relation of those injuries to the accident and asserted a “storm in progress defense”.  In July of 2014, the Claim settled for $80,000.

 

Mr. Elbadawi represented a 60 year old resident of Edwards, New York who suffered a torn medial meniscus in his left knee that required two arthroscopic surgeries when he fell while entering a grocery store located in Gouverneur, New York on September 4, 2010.  In September of 2014, the claim against the store settled for $95,000 about 2 years after Mr. Elbadawi was retained and approximately 2 weeks before the trial was scheduled to begin.

 

Mr. Elbadawi represented an eight year old boy who suffered a minor laceration to chin as a result of a dog bite which occurred at an apartment located in the Town of Massena, New York on March 14, 2012.  In November of 2014, infancy settlement application of the claim against the owners of the dog involved in the attack was approved and the matter subsequently settled for $85,000 approximately a year and a half after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 20 year old resident of Cuyler, New York who suffered a bimalleolar fracture requiring open reduction and internal fixation as a result of a motorcycle accident in the Town of Somerset, New York on September 8, 2013.  At the time of the accident, Mr. Elbadawi’s client was riding as a passenger on her boyfreind’s motorcycle.   In November of 2014 (less than 14 months after Mr. Elbadawi was retained) the claim against the operator of the motorcycle settled for $100,000 (the motorcycle operator’s entire policy).

 

Mr. Elbadawi represented a 39 year old resident of Syracuse who suffered a disc bulge with an annular tear at L4-5 as a result of a motor vehicle accident in Syracuse, New York on November 21, 2008.  At the time of the accident, Mr. Elbadawi’s client was a pedestrian attempting to cross East Genesee Street near the intersection with Crouse Avenue in downtown Syracuse when she was struck on the right side by a motor vehicle operated by a resident of Watertown, New York.  The action against the motorist responsible for causing the accident settled in November of 2014 for $160,000 (approximately 14 months after Mr. Elbadawi was retained and approximately one week before the trial of the action against the motorist was scheduled to begin).

 

Notable Cases in 2013


Mr. Elbadawi represented an 89 year old Seneca Falls resident who suffered multiple fractures to her ribs, ankle, femur and clavicle as a result of a head on collision in the Town of Waterloo on March 24, 2012.  The claim against the responsible party settled in January, 2013 for $350,000.

 

Mr. Elbadawi represented a 61 year old Liverpool resident who suffered right leg injuries including a tibial plateau fracture when he was knocked down by a motorist in a parking lot while loading groceries into his trunk on May 28, 2011.  In October, 2011, the claim against the responsible party was settled for the entire amount of his insurance coverage ($100,000).  Mr. Elbadawi then pursued a claim for Supplemental Underinsured Motorist (SUM) Benefits against his client’s own automobile insurance carrier.  Mr. Elbadawi was able to secure an additional $135,000 in compensation from his client’s carrier in January of 2013.

 

Mr. Elbadawi represented an 87 year old resident of Henrietta who suffered extensive internal injuries as a result of an intersection collision on December 15, 2011.  Mr. Elbadawi’s client died about one month after the collision due to complications from the accident.  The automobile carrier for the responsible party tendered its entire $100,000 insurance policy in June of 2012, less than four months after Mr. Elbadawi was retained.  On January 25, 2013, the Surrogate’s Court of the State of New York, County of Ontario approved the terms of settlement.

 

Mr. Elbadawi represented a 27 year old female resident of Ilion who suffered internal injuries and multiple fractures to her pelvis when she was struck at an intersection by a motorist while crossing the street on her bicycle on June 29, 2009.  The motorist responsible for causing the accident claimed that Mr. Elbadawi’s client caused the accident by crossing the street when it was not safe to do so.  Mr. Elbadawi was able to negotiate a $350,000 settlement of the claim on the first day of trial in New York State Supreme Court, Herkimer County and the matter resolved in March, 2013.

 

Mr. Elbadawi represented a 46 year old resident of Fulton who was a front seat passenger in a head on collision in the Town of Junius on February 1, 2009.  As a result of the collision, Mr. Elbadawi’s client suffered multiple cervical injuries including a compression fracture of C7 that required surgical fusion.  Unfortunately, several others were severely injured in the accident including a 16 year old who suffered fatal injuries.  Claims were asserted against both of the motorists driving the cars involved in the accident.  Although several witnesses and the motorist driving the vehicle Mr. Elbadawi’s client was riding in claimed the collision was a sudden unavoidable emergency, Mr. Elbadawi was able to negotiate a package settlement totaling $99,000 in April, 2013 - about one week before the trial was scheduled to begin in New York State Supreme Court, County of Oswego.  The settlement included $70,000 from his client’s driver who asserted the emergency doctrine defense.  The settlement  represented the largest amount recovered by any of the individuals injured in the collision.    

 

Mr. Elbadawi represented a family who resided in a Town north of Utica, New York whose home was destroyed in a fire on or about October 2, 2009.  Although the family received a significant recovery from their homeowner’s insurance carrier for their property damage, their coverage was not enough to reimburse them for all their losses.  A cause and origin investigation revealed that the fire originated near the plug head of a dehumidifier located in the basement of the residence.  Mr. Elbadawi commenced a product liability action in Federal Court against the manufacturer of the dehumidifier in question and alleged that the materials comprising the plug head and the manner in which it was assembled failed to comply with design specifications, were defective and was the cause of the fire.  The family’s claim against the manufacturer settled for $165,000 in May of 2013.

 

Mr. Elbadawi represented a 17 year old Syracuse resident who sustained significant and permanent scarring to his dominant hand as a result of a motor vehicle accident on July 19, 2012 in Cicero, New York.  At the time of the accident, Mr. Elbadawi’s client was a belted passenger in the vehicle driven by his friend.  Fortunately, Mr. Elbadawi’s client regained full use of his hand and wrist about 5 months after the accident.  In May of 2013, the claim against the motorist who caused the accident settled for $175,000 - less than 7 months after Mr. Elbadawi was retained and less than a year after the accident occurred.

 

Mr. Elbadawi represented a 49 year old resident of Tupper Lake, New York who sustained a fracture of the lateral malleolus and distal fibula when he slipped and fell on ice while making a delivery to a local grocery store on January 27, 2011.   As a result of the injuries, Mr. Elbadawi’s client needed surgery to stabilize the ankle fractures and subsequently underwent an additional surgery to remove the surgically implanted hardware.   Mr. Elbadawi’s client eventually returned to work as a delivery person, full time without restriction about 14 months after the accident.  In August of 2013, the action filed in New York State Supreme Court, County of Franklin against the property owner, supermarket chain and snowplow contractor settled for $200,000.

 

Mr. Elbadawi represented a 48 year old resident of Auburn, New York who sustained numerous emotional and physical injuries including a rotator cuff tear which required multiple surgeries when he was struck from behind by a motorist at an intersection in downtown Auburn on May 7, 2009.  In the moments before the accident, Mr. Elbadawi’s investigation and discovery revealed that fuel leaking from a recently repaired truck traveling in the opposite direction through the intersection in question had made driving conditions slippery and dangerous and may have been a factor in the rear end collision.  Mr. Elbadawi commenced an action against both the motorist who struck his client and the company which owned the truck that leaked the fuel and argued that the fuel spill was caused by faulty installation of a fuel filter.  In August of 2013, the claim against the truck company settled for $550,000.   In December of 2013, approximately one month before trial, the remaining claim against the motorist settled for $50,000.
 
Mr. Elbadawi represented two teenage boys charged with, among other things, first degree rape in connection with an incident which occurred in December of 2008.  Following their arrest, both boys were incarcerated for about 6 months but the charges were subsequently dismissed.  Mr. Elbadawi commenced an action in Federal Court against the investigating officer, her police department and the City which employed her and asserted claims for malicious prosecution, false arrest and violation of his clients’ constitutional rights.   Mr. Elbadawi argued that the investigating officer who arrested the boys and filed the charges gave materially misleading and false pre-trial testimony about her investigation and the veracity of an exculpatory witness and falsified a statement by an exculpatory witness.  In September of 2013, the action settled for $100,000.

 

Mr. Elbadawi represented a 34 year old City of Syracuse resident who sustained a spiral fracture of the distal fibula with mild shortening and displacement of the talus laterally from the ankle joint as a result of a fall down accident behind his apartment on September 30, 2010.  Mr. Elbadawi claimed that the accident was the result of a slippery and out of code handicapped access ramp.  About three weeks after the accident, Mr. Elbadawi’s client underwent open reduction and internal fixation of the fractures.  The action against the corporation which owned and managed the apartment complex settled in September of 2013 about two months before trial for $250,000.
 

Notable Cases in 2012


Mr. Elbadawi represented a 46-year-old contractor who suffered multiple right ankle fractures as a result of a fall on a construction site in Ogdensburg, New York on May 15, 2009. As a result of the ankle injuries, Mr. Elbadawi’s client underwent right ankle fusion in February of 2011. In November, 2012, the claim against the property owner settled for $525,000.

 

Mr. Elbadawi represented a 50-year-old resident of Ogdensburg who sustained neck injuries when she slipped and fell on snow and ice while attempting to enter a State-owned facility in Ogdensburg, New York on December 30, 2008. The State claimed a storm was in progress at the time of the accident and it was therefore not responsible for its failure to shovel and salt the walk way in question prior to the accident. As a result of the accident, Mr. Elbadawi’s client underwent cervical fusion with plating about 9 months post-accident. The claim against the State of New York settled in September of 2012 for $250,000 - approximately 2½ years after Mr. Elbadawi was retained and about 1 week before the trial was scheduled to begin.



 

Mr. Elbadawi represented a 21-year-old intoxicated SUNY Oswego student who suffered a fractured skull when she fell down the basement stairs of a residence owned by a fellow student on her last day of college (May 15, 2009). After the accident, Mr. Elbadawi’s client was able to attend graduate school and complete her graduate studies. The claim against the property owner settled for $70,000 in July of 2012 - less than two years after Mr. Elbadawi was retained. 



 

Mr. Elbadawi represented a 50-year-old resident of Oswego who suffered a right arm (humerus) fracture that required open reduction and internal fixation as a result of an accident while riding as a passenger on a golf cart at a golf course located in Batavia, New York on July 23, 2011. The claim against the operator of the golf cart settled for $290,000 in June of 2012 - about 10 months after Mr. Elbadawi was retained.



 

Mr. Elbadawi represented a 30-year-old resident of Little Falls, New York who was an unbelted, back-seat passenger in a vehicle that left the roadway and overturned when the driver fell asleep on June 4, 2011. As a result of the accident, Mr. Elbadawi’s client suffered multiple arm and wrist fractures that required several surgeries. The other three occupants of the vehicle were all wearing their seatbelts and suffered no injuries. The claim against the operator of the vehicle settled in June of 2012 for $315,000 - approximately one year after the accident.



 

Mr. Elbadawi represented a 50-year-old construction foreman who suffered a comminuted right femur fracture which required trochanteric femoral nailing as a result of a construction site accident in Oswego, New York. The matter settled for $247,500 in January, 2012 - approximately 2 ½ years after Mr. Elbadawi was retained.

 

Notable Cases in 2011


Mr. Elbadawi represented a 20-year-old Syracuse University student who suffered an injury to his left anterior cruciate ligament as a result of an automobile accident on November 2, 2008 on Interstate 81 near Cortland, New York. As a result of the injury, Mr. Elbadawi’s client underwent ACL reconstruction shortly after the accident and had a near full recovery following a course of therapy. The matter settled for $58,000 in April, 2011, approximately 14 months after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 74-year-old male pedestrian who suffered multiple pelvic fractures when he was struck by a motor vehicle in the Village of Canton, New York on January 16, 2010. As a result of the pelvic injuries, Mr. Elbadawi’s client underwent surgical repair of the pelvis and had a near-full recovery of his ability to walk and ambulate following a course of therapy. The claim against the motorist settled in April 2011 for $50,000, less than 14 months after the accident.

 

Mr. Elbadawi represented a 32-year-old female passenger who suffered a cervical spine strain, cervical radiculopathy, bulging discs at C5 and C6 and muscle spasms when the vehicle she was riding in struck a roadside ditch in the Town of Canton on June 9, 2010. The claim against the owner and operator of the vehicle in question was settled in June, 2011 for $93,500, approximately 2 years after the accident.

 

Mr. Elbadawi represented a 47-year-old gentleman who was a passenger in a vehicle driven by his close friend which collided with a vehicle owned by a major national charity in downtown Syracuse on January 27, 2008. As a result of the accident, Mr. Elbadawi’s client suffered a neck injury which required spinal fusion. At the direction of Mr. Elbadawi’s client, an action was commenced solely against the charity. In June, 2011, the claim against the charity settled for $90,000.

 

Mr. Elbadawi represented a 91-year-old female passenger in a vehicle who suffered a cervical spine injury and multiple fractured ribs when the vehicle she was riding in struck a roadside ditch in the Town of Volney on July 7, 2010. The claim against the owner and operator of the vehicle in question settled in July, 2011 for $45,000, approximately one year after the accident occurred.



 

Mr. Elbadawi represented a 23-year-old woman who was a passenger in a vehicle which struck a construction vehicle parked alongside a road in Saratoga County on September 24, 2006. As a result of the accident, Mr. Elbadawi’s client suffered a head injury and multiple facial injuries which required extensive treatment and rehabilitation. Following the accident, Mr. Elbadawi’s client was able to graduate with distinction from a major liberal arts university in the capitol region and enrolled in graduate school. Although the motion to dismiss the claims against the owner of the parked construction vehicle was initially granted, the decision was reversed on appeal and the claims against the driver of the vehicle in question and the owner of the parked construction vehicle were allowed to proceed to trial. In July 2011, the action settled for $575,000, approximately 7 months after the lawsuit was re-assigned to Mr. Elbadawi.



 

Mr. Elbadawi represented a 77-year-old female who suffered a fractured patella as a result of tripping and falling on a sidewalk owned by a major upstate New York city on June 10, 2008. Prior to the accident, the city in question had enacted an ordinance requiring prior written notice of any defective conditions on city owned sidewalks as a pre-requisite to any finding of liability. The city in question denied receiving any prior written notice of the defective condition in question and defended Mr. Elbadawi’s client’s claim in part on the lack of prior written notice. Notwithstanding the ordinance in question, Mr. Elbadawi was able to settle the claim for $25,000 in August of 2011.

 

Mr. Elbadawi represented a 42-year-old laborer who suffered a low back injury which required spinal fusion as a result of a motor vehicle accident on January 22, 2007 in Massena, New York. Following jury selection in September, 2011, the matter settled for $625,000, less than two years after the matter was referred by local counsel.

 

Mr. Elbadawi represented a 48-year-old Syracuse resident who suffered multiple cervical disc herniations requiring surgical fusion as a result of a motor vehicle accident on March 27, 2008. The claim settled for $75,000 in October 2011, less than 2 years after Mr. Elbadawi was retained.

 

Mr. Elbadawi represented a 76-year-old female who suffered a left hip fracture which required surgical repair and a left femur fracture when she tripped an fell as a result of a crack in the driveway of a house she rented in Ogdensburg, New York from the Defendant on September 11, 2009. Following mediation, the claim against the property owner settled in November, 2011 for $142,500.

 

Notable Cases in 2010

 

Mr. Elbadawi represented a 53-year-old homemaker who suffered multiple spinal fractures as a result of a fall from the deck of a riverside vacation property in St. Lawrence County on June 22, 2008. As a result of the accident, Mr. Elbadawi's client underwent multiple surgeries, including an extensive spinal fusion. The action against the property owner settled in October, 2010, for $1.2 million.

 

Mr. Elbadawi represented an 11-year-old passenger who suffered a fractured femur as a result of a head on motor vehicle accident in Cayuga County. The application for judicial approval of the settlement of the infant's action against the responsible motorist in the amount of $190,000 was approved in August, 2010 - less than two years after the accident.

 

Mr. Elbadawi represented the victim of a hit and run motor vehicle accident in Ogdensburg on April 23, 2009. As a result of the accident, Mr. Elbadawi's client suffered a neck fracture, orbital fracture and subarachnoid hemorrhage. Further investigation revealed that the responsible motorist had no insurance and no license. Despite the absence of insurance, Mr. Elbadawi was able to recover $25,000 from the New York State Motor Vehicle Accident Indemnity Corporation in August, 2010 (about 16 months post accident) to help compensate his client.

 

Mr. Elbadawi represented a 58-year-old woman who suffered a right wrist lunate fracture and navicular fracture in her left foot as a result of a slip and fall accident on a handicapped access ramp at a north country post office on October 27, 2008. The action against the United States Postal Service and the owner of the postal facility settled in June, 2010 for $22,500 - less than two years after the accident.

 

Mr. Elbadawi represented a 53-year-old HVAC service man who suffered injuries to both wrists requiring three surgeries when he fell from a ladder while trying to repair a heating system at a health club owned by a native American. The club was located on a reservation owned by a native American tribe in the north country. Mr. Elbadawi successfully moved for a finding of liability based upon applicable Labor Law statutes. The health club owner was unable to overturn the trial court's liability finding on appeal. The parties agreed to submit their dispute to binding arbitration. In a decision dated June 12, 2010, Mr. Elbadawi's client was awarded $124,000.

 

Mr. Elbadawi represented a 51-year-old man who suffered a compression fracture at L2 as a result of a roll over accident on the New York State Thruway on December 1, 2006. The accident occurred when Mr. Elbadawi's client was attempting to avoid a temporary construction sign that had tumbled onto the Thruway during a windstorm. The action against the bridge renovation contractor responsible for storing the signs, which was pending in Herkimer County Supreme Court, settled in May, 2010 for $590,000 - less than one year after the matter was referred by local counsel.

 

Mr. Elbadawi represented a 27-year-old iron worker who sustained crush injuries to the tips of two fingers on his dominant hand while working at a major local construction site in July of 2008. The Labor Law action against the owner of the construction site settled in March, 2010 (less than 2 years after the accident) for $70,000.

 

Mr. Elbadawi represented a 76-year-old female patron of an Ogdensburg diner who fell in the establishment’s snowy and icy parking lot in March of 2008. As a result of the accident, Mr. Elbadawi’s client sustained an ankle fracture which required surgical repair. In March, 2010, before commencing her lawsuit, the matter settled for $100,000 (less than two years after the accident).

 

Mr. Elbadawi represented the estate of a 21-year-old single mother who drowned after her vehicle straddled a temporary concrete barrier and flipped into the Erie Canal in February, 2003. In December of 2005 Mr. Elbadawi tried the liability portion of the case and the Estate was awarded a verdict finding the State of New York (the party that installed the barrier) 100% liable for the accident. The State appealed and the Appellate Division unanimously affirmed the liability verdict against the State. About 1 month before the damages trial was scheduled to begin in April of 2009, the parties tentatively settled during Court ordered mediation for $3,250,000. The settlement was finalized and approved by the Court of Claims in January 2010.

 

Notable Cases in 2009


Mr. Elbadawi represented a 38-year-old unemployed female who suffered spinal injuries as a result of a rear end motor vehicle collision on May 14, 2002. Mr. Elbadawi’s client alleged that as a result of the accident, she suffered herniated discs at C5-6 and L4-5 and needed surgery at both levels. Case settled in September, 2009 for $490,000, approximately 6 weeks before trial.

 

Mr. Elbadawi represented a 65-year-old Massena, New York resident who was mistakenly provided the prescription medication Atenolol instead of Medrol by a major north country drug store chain in March of 2008. As a result of the mistake, Mr. Elbadawi's client claimed memory problems and cognitive deficits. Case against the drug store that committed the pharmaceutical malpractice settled in September, 2009 for $100,000 (less than a year and a half later).

 

Mr. Elbadawi represented an 83-year-old woman who suffered multiple fractures, including her pelvis, femur, ribs, and foot, when a car driven by a drunk driver landed in her cottage and came to rest on top of her while she was in her bed resting on September 19, 2008. Case settled May 6, 2009 (less than eight months later) for $837,500 in Canadian funds.

 

Mr. Elbadawi represented the estate of an inmate who committed suicide while in the Custody of the Onondaga County Sheriff's Department on October 7, 2006, in U.S. District Court. Claim settled in April, 2009, for $125,000.

 

Mr. Elbadawi represented a front-seat passenger in a vehicle struck by another vehicle in October, 2005. As a result of the accident, the client sustained a herniated nucleus pulposus, annular tear, and underwent a lumbar fusion. Case settled for $600,000 in March, 2009.

 

Mr. Elbadawi represented an attorney with a New York City practice who sustained a diabling closed-head injury as a result of a motor vehicle accident in front on his home on March 29, 2005. Case settled in February, 2009 for $600,000.

 

Mr. Elbadawi represented a passenger in a van driven by her husband, which struck the rear of a mobile crane. As a result of the accident, claimant sustained foot drop, multiple vertebral compression fractures, and partial loss of vision. Claim alleged that the mobile crane was not authorized for travel at the time of the accident and was improperly signed. Claim settled in January, 2009, for $400,000.

 

Notable Cases in 2008


Mr. Elbadawi represented the estate of an employee of a major quarry operation in a wrongful death action arising from a fatal accident that occurred in March, 2004, in U.S. District Court. Case settled in December, 2008, for $940,000.

 

Mr. Elbadawi represented a carpenter who sustained an ankle fracture in a construction accident against the State of New York which occurred on May 21, 2007. Claim settled during court-ordered mediation for $190,000.

Mr. Elbadawi represented a passenger who sustained a lumbar spine compression fracture from a boating accident caused by a wake created by a cargo ship on the St. Lawrence River. Following trial in federal court in Albany, New York, in June, 2008, verdict against operator of the vessel totaling more than $65,000.

 

Mr. Elbadawi represented a carpet installer who tripped on defective stairs of a commercial building in downtown Utica on September 7, 2004. As a result of the accident, the client sustained partial left anterior cruciate ligament tear, which required surgical repair. Case settled prior to completion of depositions in February, 2008, for $75,000.

 

Notable Cases in 2007


Mr. Elbadawi represented a 22-year-old bicyclist who sustained a torn left ear as a result of a collision with a motor vehicle in downtown Auburn, New York on September 30, 2006. Action against responsible motorist settled for $85,000 in August 2007 (11 months later).

 

Mr. Elbawadi represented a patron in a claim against a national retail chain and property owner for injuries she sustained when she slipped and fell on ice in front of a store’s entrance. As a result of the accident, the client sustained a right ankle fracture and dislocation that required surgical repair. Case settled during jury selection on June 25, 2007 for $60,000.

 

Mr. Elbadawi represented a 38-year-old Watertown, New York resident who sustained a herniated disc at C6-7 as a result of a motor vehicle accident on May 6, 2002. Action against the nationwide rental company which owned the vehicle which caused the accident settled in March, 2007 for $90,000.

 

Notable Cases in 2006


Mr. Elbadawi represented a 64-year-old woman in a product liability claim against a manufacturer and owner of a commercial dryer. Due to the malfunctioning dryer, the woman suffered arm fractures and nerve damage. Claim settled in November, 2006, for $1,150,000.

 

Mr. Elbadawi represented a 43-year-old man involved in a motor vehicle accident with a vehicle owned by a small, northern New York city and driven by a city employee. As a result of the accident, the client claimed neck injuries requiring surgery. Case settled during jury selection in November, 2006, for $200,000.

 

Mr. Elbadawi represented a 23-year-old Monroe county resident who suffered a fractured hip and broken femur as a result of a motor vehicle accident in December, 2004. The action against the responsible motorist and his employer settled in April, 2006 (16 months later) for $600,000.

 

Notable Cases in 2005


Mr. Elbadawi represented a worker in a claim against a small school district in northern New York arising from a construction accident that left the injured worker with a closed head injury. Case settled in November, 2005, for $1,250,000.

 

Mr. Elbadawi represented a 74-year-old Auburn, New York resident who suffered a fractured hip and left femur fracture as a result of a collision with a pallet jack inside the store of a major drug store chain on September 30, 2003. Action against the drug store chain settled for $142,500 in March, 2005 (less than a year and a half after the accident.)

 

Mr. Elbadawi represented a New York State Trooper in a negligence action against United States for injuries sustained while riding in a U. S. Border Patrol vessel. Client claimed he suffered disabling elbow injuries. Case settled in January, 2005 for $235,000.

 

Notable Cases in 2004


Mr. Elbadawi represented a millwright who accidentally inhaled SO2 gasses while at a construction site, which caused reactive airways dysfunction syndrome. Case settled in October, 2004 for $280,500.

 

Mr. Elbadawi represented a farm hand who accidentally inhaled cleaning chemicals while working, which caused reactive airways dysfunction syndrome. Case settled in the spring of 2004 for $935,000.

 

Mr. Elbadawi represented a disabled doctor whose disability insurance benefits were denied on the basis of alleged material misrepresentations in the doctor’s application. The disability carrier’s motion to dismiss was successfully opposed and the denial was affirmed on appeal. Briggs v. Connecticut General Life Ins. Co.,283 AD2d 1036 (4th Dept., 2001). Case settled in the spring of 2004 for $250,000.

 

Other Notable Cases


Following a trial in St. Lawrence County Supreme Court in June, 2003, Mr. Elbadawi earned a favorable decision on the issue of liability against a town for a torn quadriceps tendon requiring surgical repair to a 60-year-old independent contractor. The accident was caused by a pothole located on town-owned property. Case subsequently settled for $125,000.

 

Following a trial in St. Lawrence County Supreme Court in December, 2002, Mr. Elbadawi earned a decision and award totaling more than $390,000 for a 55-year-old patron of a tanning salon who suffered multiple injuries, including a herniated disc requiring surgical repair, as a result of falling down unlit stairs.

 

Mr. Elbadawi represented a woman who suffered multiple injuries including cervical injuries, post traumatic stress disorder, and hip fracture resulting from a motor vehicle accident in Cayuga County. Case settled in December, 2001, for $365,000.

 

Mr. Elbadawi earned a favorable jury verdict in November, 1999, against a major restaurant chain for personal injuries suffered by a patron who slipped on an ice-covered parking lot. The accident occurred during a state of emergency forbidding unnecessary travel as a result of an ice storm, which had occurred several days earlier.