Sugarman Law Firm, LLP, stands ready at all times to assist our corporate and insurance clients who need legal assistance during a catastrophic event such as a tractor-trailer or transportation accident.
Our firm is here to help whenever the need may arise, 24 hours a day, seven days a week.
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Associate, Syracuse
Jennifer has over twenty years of experience defending claims against a wide range of health service providers, such as physicians, advanced practice providers, pharmacists, dentists and hygienists, social workers, psychologists, practice groups and hospitals. Jennifer also has extensive experience in commercial, construction, personal injury and wrongful death litigation matters. Jennifer’s experience includes successfully trying cases to verdict and advocating on behalf of clients through New York’s appellate courts.
Jennifer is admitted to practice before all New York State Courts, the United States District Courts for the Northern, Southern, Eastern, and Western Districts of New York, and the United States Court of Appeals for the Second Circuit. Jennifer is a member of the Onondaga County Bar Association and the New York State Bar Association.
Jennifer resides on Oneida Lake in Madison County.
PRACTICE:
EDUCATION:
ADMISSIONS:
Associate, Syracuse
Alexandra Calhoun is a graduate of Syracuse University (B.A. International Relations) and Syracuse University College of Law. While at the College of Law, Ms. Calhoun served as a student attorney for the Betty and Michael D. Wohl Veterans Legal Clinic for four semesters. She also served as the Executive Director for Veterans Issues, Support, Initiative, & Outreach Network (VISION), a student organization aimed at serving the veteran population of Syracuse and the surrounding areas. Ms. Calhoun also served as a Form & Accuracy Editor for the Syracuse Journal of International Law and Commerce and was a member of the Justinian Honor Society. Ms. Calhoun also participated in the LondonEx externship program, working in a barrister’s chamber in London, U.K. for a summer.
She lives in Clay, NY with her husband.
PRACTICE:
EDUCATION:
Syracuse University (B.A. International Relations)
Syracuse University College of Law
ADMISSIONS:
New York State Courts
Brian Sutter’s practice concentrates on advising and representing architects, engineers, surveyors, attorneys, physicians and other health care providers in the defense of claims brought against them. He has additional experience handling product liability claims, municipal claims, general liability claims, insurance issues, personal injury claims, wrongful death cases and toxic torts. He has also been selected to act as a mediator and an arbitrator in a variety of matters.
Mr. Sutter is admitted to practice before all New York State courts, the U.S. District Court for the Western District of New York and the Second Circuit Court of Appeals. Mr. Sutter is recognized as a Super Lawyer in the field of Professional Liability Defense and is included among the list of Best Lawyers in America in Medical Malpractice Law and Professional Malpractice Law for Defendants.
A graduate of the University of Notre Dame (B.B.A. Finance) and the State University of New York at Buffalo School of Law, he is a member of the Bar Association of Erie County, the New York State Bar Association and the American Bar Association. Mr. Sutter has served as President of the Western New York Trial Lawyers Association.
Mr. Sutter is active in Sugarman’s accredited program as a continuing education provider of the American Institute of Architects (AIA), and has lectured on such topics as BIM, AIA Contract Documents and Contractual Indemnification Issues as they relate to Design Professionals. Mr. Sutter currently serves as managing partner.
Partner, Buffalo
Dan Cavarello is a Partner with Sugarman Law Firm, specializing in the defense of claims against municipalities, school and fire districts and related entities, as well as those involving private companies. These include wrongful death, civil rights, premises defects, labor law, product liability, motor vehicle, and negligent supervision claims. He also represents clients in administrative proceedings before the Department of Labor, Division of Human Rights, and EEOC. As a former town attorney, his experience also includes land use and zoning issues.
Over the past several years, Mr. Cavarello has been selected as a mediator and arbitrator in a wide variety of disputes in both New York State and Federal Court. The vast majority of his mediated cases have resulted in settlements, which has led to substantial growth in this area of his practice. He is known for his patience, professionalism, and diligence in working with the parties and their clients toward an acceptable resolution.
Mr. Cavarello was admitted to the New York State Bar in 1996 and has practiced before all New York State and Federal district courts. He is a member of the Erie County and New York State Bar Associations, including the Municipal Law Section. His other professional memberships include the New York State Magistrates, Erie County Magistrates, Western New York Trial Lawyers, and Buffalo Claims Associations.
In 2014, Mr. Cavarello was named “Attorney of the Year” by one of the firm’s largest clients, HCC Public Risk, a multi-state insurer of municipal entities. In 2018, he was named to Buffalo Business First’s list of “Legal Elites,” and has also been selected to the “Super Lawyers” list in the area of municipal practice for the past several years.
Mr. Cavarello is a Phi Beta Kappa graduate of Boston College where he received both his Bachelor of Arts and Juris Doctor degrees, with honors, in 1992 and 1995, respectively.
Mr. Cavarello is an active member of the Tonawanda, New York community where he served as Town Attorney from January, 2006 until August 2010, when he was appointed Town Justice. He was recently re-elected to his third four-year term and continues to hold that office. He is also past President and Trustee of the Kenmore-Tonawanda School Board. He volunteers as a religious education instructor at St. John the Baptist Church and is a member of its Holy Name Society.
Mr. Cavarello and his wife, Chris, are life-long residents of the Town of Tonawanda where they reside with their 3 children, Claire, Erin, and Tommy.
Partner, Syracuse
Zachary M. Mattison defends claims against architects, engineers, surveyors, and medical professionals. He also has extensive experience in commercial, construction, banking and personal injury litigation matters. Mr. Mattison has successfully handled jury trials for large local and national clients, and both prosecuted and defended personal injury claims involving serious and catastrophic injuries.
He is admitted to practice before all New York State courts, the U.S. District Court for the Northern, Southern and Western Districts of New York, U.S. District Court for the Western District of Wisconsin, and the U.S. Court of Appeals for the Second Circuit. Zach is a member of the Onondaga and Oswego County Bar Associations, the New York State Bar Association’s Trial Lawyer’s Section, and the Northern District of New York Federal Court Bar Association.
Mr. Mattison is a graduate of the State University of New York at Geneseo (B.A., Political Science, with honors) and the Syracuse University College of Law (Justinian Honor Society).
Zach is actively involved with the Michael J. Fox Foundation, the Syracuse University Alumni Association, and coaches the Pulaski Academy and Central Schools Mock Trial program.
He resides in Pulaski New York.
Associate, Syracuse
Jeffrey Narus is a graduate of Saint Michael’s College (B.S. Accounting, magna cum laude), and Syracuse University College of Law (cum laude). Mr. Narus is admitted to practice before all New York and Massachusetts State Courts.
At the College of Law, Mr. Narus was inducted into the Justinian Honorary Law Society and received three CALI Awards in the areas of Property, Federal Income Tax and Professional Responsibility. Jeff was an Associate Member of the Moot Court Honor Society.
Mr. Narus’s past experience includes work at the Syracuse University Low Income Payer Tax Clinic. Jeff interned in the Financial Crimes Unit of the Worcester County, MA Office of the District Attorney and was a Student Prosecutor at the Suffolk County, MA Office of the District Attorney.
Mr. Narus lives in Syracuse.
Associate, Syracuse
Brittany (Murgallis) Hannah is a graduate of King’s College (B.S. Marketing and Business Administration, magna cum laude), and Syracuse University College of Law (cum laude). Ms. Hannah is admitted to practice before all New York State courts and the U.S. District Courts for the Northern and Western Districts of New York.
Ms. Hannah is a member of the New York State Bar Association, Onondaga County Bar Association (OCBA), Central New York Women’s Bar Association (CNYWBA), and the Women’s Bar Association of the State of New York (WBASNY). Ms. Hannah serves on the CNYWBA Board of Directors as Treasurer. She previously served on the CNYWBA Board of Directors as Membership Chair for 2018-2019 and as a WBASNY Representative for 2017-2018. She also serves on the Volunteer Lawyers Project of Onondaga County, Inc.’s Board of Directors as CNYWBA representative. Ms. Hannah is also a member of the Defense Research Institute and serves as the Trucking Law Committee’s New/Young Lawyers SLG Vice Chair. She is also a member of the New York State Academy of Trial Lawyers.
Ms Hannah volunteers with the Volunteer Lawyers Project of Onondaga County, Inc.’s Eviction Defense Clinic, as an arbitrator for Syracuse City Court’s Small Claims Arbitration, with the CNYWBA’s Mentoring Committee, and with the Friends of the CanTeen, Inc. She previously volunteered with the OCBA’s Community Engagement Committee, the OCBA’s Lawyers in the Classroom program, and the Make-A-Wish Foundation of Central New York’s Young Professionals Advisory Council, for which she served as Vice Chair and Governance Committee Chair for 2017-2018.
At the College of Law, Ms. Hannah was inducted into the Justinian Honorary Law Society and received the Orange Pro Bono Service Award, as well as the CALI Award for Law Practice Management. Ms. Hannah served as the Form & Accuracy Editor for the Syracuse Law Review and was named Editor of the Year in 2014.
Ms. Hannah’s past experience includes an externship with the Hon. James P. Murphy, New York State Supreme Court, Onondaga County, which involved reviewing motions and filings, conducting legal research, preparing motion reports, and drafting decisions.
Ms. Hannah lives in Cicero with her husband, Brett.
Partner, Syracuse & Auburn
Stephen G. Pesarchick has been a partner since 1994. The focus of his practice is the handling of catastrophic personal injury cases. His experience covers a multitude of civil litigation matters including construction claims; products liability; transportation claims; automobile and motor carrier accidents; tractor trailer accidents; train accidents; fire claims; premises liability; municipal claims; toxic torts; and wrongful death cases. He has successfully represented claims before the Workers’ Compensation Board and the Division of Human Rights. He is the resident partner of the firm’s Auburn office.
Mr. Pesarchick is admitted to practice before all New York State courts and the U.S. District Court for the Northern District of New York. He is a member of the Onondaga County Bar Association, the Cayuga County Bar Association, and the New York State Bar Association. Steve is an active member of Defense Research Institute’s (DRI) Trucking Law, Products Liability, Diversity and Inclusion, and Women in the Law Committees. He was the Publications Chair for DRI’s Trucking Law Committee from 2011-2016, Membership Chair from 2017-2018, and has spoken at four DRI national conferences (Trucking and Fire Loss). In 2017, he was the Chair of the National DRI Trucking seminar titled “Outsmarting the Trucking Reptile at Trial.” He is the current Vice-Chair of the Trucking Law Committee. In addition, he is a member of TLA, PLUS and RIMS.
Mr. Pesarchick is a graduate of Niagara University (Bachelors of Science) and The Franklin Pierce Law Center. He is an active volunteer for Make-A-Wish, Coaches v. Cancer, and the Fleming Foundation.
Associate, Syracuse
Sarah Murnane Kelly graduated cum laude from Niagara University in 2009 as a member of the University’s Honors Program, with a Bachelor of Arts degree in Political Science. She received her Juris Doctor from Syracuse University College of Law in 2012. Ms. Kelly is admitted to practice before the courts of the State of New York and within the Northern District of New York.
Prior to joining the Sugarman Law Firm, Ms. Kelly defended national and international corporations involved in toxic tort, personal injury, product liability, and premises liability claims in state and federal courts. She also previously worked as an Assistant District Attorney. While in law school, Ms. Kelly practiced as a student attorney, authoring appellate briefs and arguing an appeal before the Appellate Division, Fourth Department. At the College of Law, she also participated in the Moot Court Honor Society; winning the Lionel O. Grossman Trial Competition in 2011, and was the recipient of the College of Law’s Robert W. Miller Award for excellence in Moot Court and Trial Advocacy. Ms. Kelly received the Orange Pro Bono and Community Service Award for exceeding the recommended term of Pro Bono Service.
Ms. Kelly lives in Syracuse, with her husband John Jensen.
Direct Dial: (315) 362-8932
[email protected]
He has been appointed as an approved mediator for cases pending in the Northern District of New York and the Fifth Judicial District New York State Supreme Court. He has successfully mediated many cases over the thirty-plus years of his practice. He is often selected by Courts, private parties, and companies to address and mediate their disputes. Paul’s reputation for excellence in the legal community has been recognized by many rating organizations and his dispute resolution results reflect his success. Paul mediates and arbitrates cases in the Northern District of New York and in the counties throughout Upstate New York. He also offers video conferencing as an alternative to in-person sessions if agreeable to the parties.
Mediator and arbitrator
Direct Dial: (716) 995-6321
[email protected]
He is known for his patient and diligent approach and has successfully mediated over one hundred cases over the past few years. He is often selected as a solo arbitrator or to serve as the “neutral” on a three attorney panel based upon his reputation for fairness and timeliness in issuing decisions. Dan mediates and arbitrates cases in both Western (Buffalo, Rochester) and Central (Syracuse, Utica) New York and his rates are reasonable. He also offers video conferencing as an alternative to in-person sessions if agreeable to the parties.
Syracuse, NY
Introduction
Sam joined Sugarman Law Firm in 1993, became a partner in 2000, and has been on the firm’s management committee since 2017. Sam has obtained settlements, verdicts, and arbitration awards for hundreds of clients. His state wide litigation, trial, and appellate practice focuses on the representation of individuals, families and estates in personal injury and wrongful death claims. He has successfully represented clients with claims against public authorities, school districts, villages, towns, cities, counties, the State of New York, and the United States in both State and Federal Court. He has also represented clients with claims against landlords, product manufacturers, golf courses, ski resorts, fitness facilities, residential and commercial property owners, franchise/retail businesses, trucking companies, commercial vessel owners, construction companies, bus companies, and taxi cab companies.
Sam has successfully handled lawsuits filed all across upstate New York, the Southern Tier, the North Country, the Hudson Valley Region, and New York City. Due to the risky, unpredictable, costly, and time consuming nature of personal injury litigation, the vast majority of Sam’s clients are referred to him by other attorneys and law firms. Liens, account balances, and reimbursement obligations are common in personal injury cases. Sam has successfully compromised and in many cases eliminated hundreds of workers’ compensation, additional personal injury protection (APIP), Medicaid, Medicare, and health insurance liens and subrogation claims in order to maximize his clients’ recoveries.
Snapshot of Results
Sam has recovered over $40,000,000 for hundreds of clients including 4 multi-million dollar recoveries, 7 recoveries of at least one million dollars, 17 recoveries of at least $500,000, 39 recoveries of at least $250,000, and 76 recoveries of at least $100,000.
Practice Areas
Education
St. Lawrence University (B.A. Economics and Government) 1988
Syracuse University, College of Law (J.D.) 1991
Bar Memberships
Professional Memberships/Activities
Professional Recognition/Honors
Seminars, Lectures, and Appearances
Civic Engagement/Charitable Work
Past Lectures
Practical Skills – Basics of Civil Practice – The Trial 2013
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 2011
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.
Mr. Elbadawi represented a 67 year old resident of Oswego, New York who suffered a torn rotator cuff in his left (non-dominant) shoulder which required surgical repair when a split rail fence on a golf course dislodged and caused the client to lose his balance and fall on August 13, 2014. A trial on the question of liability only resulted in a finding that the owner of the golf course was 70% at fault and the client was 30% comparatively at fault for the accident. The action against the owner of the golf course subsequently settled in March of 2019 for $100,000.
Mr. Elbadawi represented a 25 year old resident of Apalachin, New York who was a passenger in a NYSDOT vehicle that was struck from behind by a motorist at a very high rate of speed on I86 in Tioga County on November 24, 2017. As a result of the accident, the client sustained soft tissue injuries to his neck, left elbow, and a left shoulder tear and dislocation which required surgical repair followed by a brief course of physical therapy. By December of 2018, the client had made a complete recovery and was back to work full time without restriction. In May of 2019, about 18 months post-accident, the claim settled for $160,000.
Mr. Elbadawi represented a 25 year old resident of Baldwinsville, New York who was the driver of a vehicle involved in a multi vehicle chain collision started by a full length bus on I481 in Dewitt, New York on April 19, 2016. As a result of the accident, the client sustained disabling cervical and lumbar spine injuries. With respect to the cervical spine injuries, the client underwent an anterior cervical discectomy with decompression and fusion at C5-6 in September of 2017. Due to complications from the surgery, the client underwent a second procedure to have the surgically implanted plate removed in September of 2018. A doctor retained by the bus company who examined the client questioned the medical necessity of the surgeries. During mediation in June of 2019, the lawsuit against the bus company settled for $2,500,000.
Mr. Elbadawi represented a 48 year old resident of Manlius, New York who fell inside a very well-known restaurant in Syracuse, New York on October 18, 2017. The client alleged that her fall was the result of an unusually slippery walking surface in the dining area. As a result of the fall, the client sustained mid-shaft fractures of the left radius and ulna which were surgically repaired 2 days later. The client’s post-surgery recovery went very well and she was permanently discharged from treatment in the fall of 2018. In July of 2019, the claim against the owner of the restaurant settled for $200,000.
Mr. Elbadawi represented a 20 year old resident of Heuvelton, New York who swerved to avoid striking a deer and drove off the left side of State Highway 68 in the Town of Canton on October 30, 2016. The client’s vehicle then struck a ditch, began rolling, and came to rest on its roof back on State Highway 68. Shortly thereafter, another motorist traveling in the opposite direction struck the client’s overturned vehicle. As a result of the collision, the client suffered, among other things, multiple fractures to his left leg that required surgical repair. The other motorist claimed he was not at fault for causing the collision and even if he was, he was faced with an emergency situation created by Mr. Elbadawi’s client so he couldn’t be held responsible. In August of 2019, less than 9 months after the case was referred by another attorney, the claim against the other motorist settled for $180,000.
Mr. Elbadawi represented a 74 year old resident of Baldwinsville, New York who fell while exiting a vehicle parked at a large retail complex on August 30, 2018. The client alleged that the fall occurred when she stepped into a large pothole in the parking lot adjacent to her parked vehicle. As a result of the fall, the client sustained, among other injuries, a fractured right hip which was surgically repaired shortly after the accident. In August of 2019, less than a year after the accident, the claim against the owner of the complex settled for $215,000.
Mr. Elbadawi represented a 48 year old resident of Ogdensburg, New York who was attending a funeral service on January 20, 2018 when a large amount of snow and ice on the roof of the funeral home slid off the roof and struck him. Prior to the accident, the client underwent left shoulder replacement and the client claimed that the funeral home accident loosened the replacement hardware and caused new left shoulder injuries. The funeral home claimed that the accident was a sudden and unforeseeable event, and claimed that the client’s left shoulder problems were pre-existing and not caused by the accident. During a mediation held on October 7, 2019, the lawsuit against the funeral home settled for $135,000.
Mr. Elbadawi represented a 27 year old resident of Dryden, New York who was the operator of a stationary vehicle that was struck on the driver’s side by a dump truck traveling west on State Route 366 on March 7, 2018. As a result of the accident, the client sustained, among other things, several tendon tears in the left shoulder. The client underwent arthroscopic sub-acromial decompression with acromioplasty and gleno-humeral joint debridement about two months post-accident. The owner and operator of the dump truck alleged that the client’s left shoulder injuries were pre-existing. About three years before the accident, a left shoulder MRI revealed a partial tear of the superior portion of the sub-scapularis tendon and a SLAP lesion which was surgically repaired on June 2, 2015. During a mediation held on September 9, 2019, the client’s lawsuit against the owner and operator of the dump truck settled for $135,000.
Mr. Elbadawi represented an 85 year old resident of Baldwinsville, New York who was a belted passenger in a vehicle that struck a vehicle that had suddenly and unexpectedly pulled out of a parking lot on November 6, 2018. As a result of the collision, the client sustained, among other things, multiple rib fractures, a fractured sternum, a compression fracture at T11, and a right sided tibial plateau fracture which was surgically repaired. After a four month admission to a rehabilitation facility, the client managed to regain her independence and mobility, was discharged from treatment, and made a near complete recovery. In September of 2019, about 14 months post-accident, the claim against the motorist who caused the accident settled for $315,000.
Mr. Elbadawi represented a 56 year old resident of Syracuse, New York who was a belted front seat passenger in a vehicle that struck another motorist on the passenger side on September 5, 2018. Unfortunately, the operator of the vehicle the client was riding in had no driver’s license and no insurance. As a result of the accident, the client claimed she suffered cervical spine injuries which eventually required anterior cervical discectomy with fusion at C4-5 on April 25, 2019. Within two months of the surgery, the client was fully recovered and discharged from treatment. Prior to the accident, the client made complaints to her healthcare providers about cervical spine pain and limitations and therefore the insurance carrier for the owner of the vehicle the client was riding in claimed that the client’s cervical spine problems were pre-existing. In November of 2019, the claim against the owner settled for the full amount of the available insurance coverage ($100,000).
Mr. Elbadawi represented a 15 year old unbelted passenger on a “Mule” (off road all terrain vehicle) that was operated by an unlicensed friend at a large residential property located in Conklin, New York on August 2, 2014. In the moments before the accident, the Mule was being driven on a trail and the operator lost control of the Mule and struck a tree which caused the client to fall out of the Mule. As a result of the accident, the client sustained a transverse fracture of the right patella which required 2 surgical procedures and she also sustained a laceration to her left knee. The client completed treatment for her knee injuries within about a year of the accident and with the exception of minor aches and pains and scarring to her knees, had a complete recovery. Discovery revealed that the property owner owned the Mule and he had performed minor repairs to the Mule shortly before the accident so the client claimed that the accident was caused in part by the negligent repair of the Mule. The property owner denied responsibility for the accident, claimed that the repairs he made to the Mule were adequate and not a contributing factor, and claimed that the accident was caused by the negligence of the driver and the client’s failure to use available seatbelts. The property owner also claimed that he was not liable because the client assumed the risks of off-road riding in the Mule. In December of 2019, about 18 months after Mr. Elbadawi began representing the client, the case against the property owner settled for $315,000.
Mr. Elbadawi represented a 33 year old pipefitter who suffered multiple injuries to his right leg, ankle, knee, and a mid shaft fracture to his fibula on August 28, 2013 when a trench he was working in at a construction project in Sacketts Harbor, New York collapsed. Mr. Elbadawi commenced an action against the owner of the property where the accident occurred and alleged, among other things, that the owner violated section 246(6) of the Labor Law. In January of 2018, the action against the property owner settled for $270,000.
Mr. Elbadawi represented a 20 year old resident of Aurora, New York who suffered numerous injuries including a left humerus fracture, and a fractured pelvis which required surgical reduction as a result of a head on collision on April 9, 2016. In February of 2018 (22 months after Mr. Elbadawi was retained), the client’s action against the motorist responsible for causing the head on collision settled for $250,000 which was the entire amount of available automobile coverage.
Mr. Elbadawi represented a 64 year old resident of Syracuse, New York who suffered numerous injuries including a right knee injury which eventually required a knee replacement as a result of an intersection accident on December 12, 2014. In February of 2018, about 3 years after Mr. Elbadawi was retained, the action against the motorist who caused the accident settled for $175,000.
Mr. Elbadawi represented a 55 year old truck driver who suffered a disabling right shoulder injury when he fell in a snow and ice covered parking lot in Syracuse, New York in February of 2015. As a result of the injuries from the fall, Mr. Elbadawi’s client underwent two surgeries to repair his rotator cuff and was eventually found to have a 16% permanent impairment of his right shoulder/arm. During a mediation in February of 2018, less than two years after Mr. Elbadawi began representing the client, the claim against the property owner settled for $750,000.
Mr. Elbadawi represented a 56 year old resident of Ogdensburg, New York who suffered a concussion and partial loss of hearing on the left as a result of an intersection collision in the Town of Oswegatchie, New York on December 25, 2015. Before Mr. Elbadawi was retained, the claim against the motorist who caused the collision settled for the entire amount of his automobile policy coverage which was $25,000. In November of 2015, Mr. Elbadawi was retained to pursue a claim for Supplemental Under-insured Motorist benefits. Following a “SUM Arbitration” in February of 2018, Mr. Elbadawi’s client was awarded $95,000.
Mr. Elbadawi represented a one month old infant who was a passenger in a head on motor vehicle accident in the Town of Fleming in April of 2016. Unfortunately, the infant suffered numerous very serious injuries and died about 2 hours after the impact. The main dispute in the action related to the length of time, if any, that the infant experienced any post accident conscious pain and suffering. Although treatment records documented that the infant was alert and did not appear to be in distress immediately after the accident, they also indicated that the infant became non responsive less than 30 minutes after impact and never regained consciousness. In April of 2018, about two years after Mr. Elbadawi was retained, the infant’s claim against the motorist who caused the collision settled for $215,000.
Mr. Elbadawi represented a 78 year old resident of Skaneateles, New York who suffered numerous injuries including fractured ribs, a fractured sternum and a fractured left femur which required surgical repair as a result of a head on motor vehicle accident in December of 2017. The operator of the vehicle that caused the accident carried auto insurance coverage with a $25,000 limit. The owner of the vehicle that caused the accident carried auto coverage with a different insurance carrier with a $100,000 policy limit. Mr. Elbadawi’s client also carried auto coverage with supplemental under-insured motorist “SUM” coverage with a third insurance carrier. By July of 2018, about 6 months after Mr. Elbadawi was retained, all three carriers had tendered the entire available coverage under their respective policies which totaled $250,000.
Mr. Elbadawi represented a 54 year old resident of Auburn, New York who sustained numerous injuries including a right sided rotator cuff tear that required surgical repair as a result of an accident that occurred on June 1, 2015. The accident occurred when Mr. Elbadawi’s client slipped on rain soaked exterior stairs in front of a local health club. Although the owner of the commercial facility where the health club was located denied having any knowledge that the stairs in question became slippery and dangerous when wet, Mr. Elbadawi was able to establish both actual and constructive notice of the slipping hazard through documentary evidence and pre-accident eye witness accounts. In October of 2018, the action against the commercial property owner settled for $92,500.
Mr. Elbadawi represented a 62 year old resident of Canton, New York who sustained a concussion with resulting depression and generalized anxiety disorder as a result of a head-on collision on February 9, 2017. Before the matter was referred to Mr. Elbadawi, the client settled his negligence claim with the driver who caused the collision for the full amount of his available automobile coverage which was $50,000. Mr. Elbadawi then pursued a claim for supplemental under-insured “SUM” benefits under the client’s own automobile policy. In December of 2018, the SUM claim settled for $550,000, about one year after Mr. Elbadawi was retained.
Mr. Elbadawi represented a 46 year old resident of Canton, New York who sustained 2nd and 3rd degree burns to his right leg on August 16, 2016 when he placed a large coffee carafe purchased from the Potsdam location of a nationwide restaurant chain between his legs while riding in a car. Fortunately for the client, the burns healed quickly and did not require any debridement, skin grafts, or surgical procedures. In March of 2017, approximately 5 months after Mr. Elbadawi was retained, the claim against the restaurant chain settled for $37,500.
Mr. Elbadawi represented a 65 year old resident of Gouverneur, New York who sustained nerve injuries to his left (non-dominant) arm which included an ulnar ligament tear, medial and lateral epicondylitis, and cubital tunnel syndrome as a result of a head on motor vehicle accident on September 20, 2013. In March of 2017, less than two years after Mr. Elbadawi was retained, the claim against the motorist who caused the accident settled for $95,000.
Mr. Elbadawi represented a 31 year old Syracuse resident who suffered a compression fracture of the superior endplate of the L3 vertebrae as a result of an intersection collision which occurred on October 18, 2015. Fortunately for the client, he did not lose any time from work and the fracture fully healed approximately 9 months later without the need for any surgical intervention, pain management, and/or an extended course of physical therapy. Approximately 1 year after the accident, the client moved to Arizona and advised that he had no intention of returning to the State of New York to participate in the case against the motorist who caused the accident. In March of 2017, approximately 16 months after Mr. Elbadawi was retained, the case settled for $52,000.
Mr. Elbadawi represented a married couple and the wife’s elderly father who were in a vehicle struck head on by a motorist on April 1, 2016. The husband driver, age 70 at the time of the accident, suffered several fractured ribs and a ligament tear in his thumb. Fortunately, the husband driver fully recovered from his injuries several months after the accident. The wife, a front seat passenger who was 68 years old at the time of the accident, suffered a frontal scalp laceration with hemorrhage in the brain, a mildly displaced right transverse process fracture at L4, a right humerus fracture, a left distal tibia/fibula fracture, and a left scapular fracture. After a lengthy course of therapy and treatment lasting about a year, the wife was able to achieve an almost full recovery from her injuries too. Unfortunately, the wife’s father, who was a rear seat passenger and was 90 years old at the time of the accident, suffered fatal injuries as a result of the accident. His emergency room records indicated that he was barely responsive and was drowsy after the accident. Fortunately, emergency room records indicated that he did not exhibit any signs of conscious pain and suffering. Unfortunately, the motorist who caused the accident carried the minimum amount of automobile insurance coverage ($25,000 per person and $50,000 per accident). Mr. Elbadawi was able to recover all of those funds in October of 2016. Mr. Elbadawi was able to recover an additional $37,500 for the husband in supplemental underinsured motorist (SUM) benefits, an additional $75,000 for the wife in SUM benefits (which represented the limit of her available SUM coverage), and and additional $50,000 in SUM benefits for the Estate of the elderly gentleman (which also represented the limit of the Estate’s available SUM coverage) in April of 2017, less than a year after the accident.
Mr. Elbadawi represented a 20 year old resident of the Village of Potsdam who sustained a compression fracture of the T11 vertebrae when, while riding on a boat on June 26, 2014, the operator of the boat accidentally fell on her. Fortunately for the client, her injuries fully healed by the fall of 2015 and she did not require any surgical intervention or pain management. In April of 2017, less than 8 months after Mr. Elbadawi was retained, the claim against the individual who caused the accident settled for $55,000.
Mr. Elbadawi represented a 42 year old resident of Cicero, New York who, while attending the “Trespass America Festival” held at the Oswego County Speedway on August 7, 2012, was tackled by several unknown members of the concert promoter’s security team. The promoter denied any knowledge of the incident and members of his security team denied being involved in the incident. As a result of the incident, Mr. Elbadawi’s client sustained injuries to his left knee including ruptures of his quadriceps tendon, patellar tendon, medial retinaculum, and his lateral retinaculum. The client underwent surgical repair of the patellar tendon rupture on August 8, 2012 and subsequently underwent an arthroscopic procedure to remove loose cartilage on July 2, 2014. In March of 2017, approximately two years after Mr. Elbadawi was retained, the claim against the concert promoter settled for $100,000.
Mr. Elbadawi represented a 64 year old Watertown resident who suffered multiple fractures to his right hand and wrist (including second and third proximal phalanx fractures) on December 23, 2014. On the day of the accident, the client delivered an 8,000 lb empty storage container to a customer in Duanesburg, New York on a flatbed trailer. In the moments before the accident, the client was unstrapping the container so it could be unloaded and the client placed his right hand on the surface of the trailer and underneath the container to keep his balance. Without telling the client beforehand, the customer lifted the back end of the container with a farm tractor to begin unloading it. When the customer lifted the back end of the container, the front end crushed the client’s right hand and caused the injuries. The customer and his son both claimed that they warned the client to stay clear of the container in the moments before the accident – an allegation the client denied. Fortunately, the client was able to return to work as a truck driver about two years after the accident. In July of 2017, two years and two months after Mr. Elbadawi was retained, the action against the customer settled at mediation for $101,000.
Mr. Elbadawi represented a 64 year old resident of Waddington, New York who sustained a fracture to her right femur on June 28, 2015. On the day of the accident, the client was working as a volunteer in a donation center located in Waddington. In the moments before the accident, a customer gave the client a tote filled with donated items. As the client grabbed the items, she tripped on a handicapped access ramp that was installed by the property owner inside the donation center. Fortunately, the client femur and hip injuries fully healed by January of 2017. Mr. Elbadawi argued that the ramp in question did not comply with applicable building codes and regulations. The property owner argued that the ramp in question was open and obvious and the client was well aware of it so the accident was entirely her fault. In September of 2017, about 2 years and 1 month after Mr. Elbadawi was retained, the action against the property owner settled for $100,000.
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.
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.
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 Tonawanda 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).
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.
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).
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.
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.
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.
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.
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 disabling 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.
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.
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.
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.
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 the 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.
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.
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.
Syracuse, Rochester, Albany, Utica, and Binghamton, NY
Kevin R. Van Duser has been a partner at the Sugarman Law Firm since 2005 and is in his 20th year of practicing law. As a litigation and trial lawyer, he has a vast amount of courtroom experience and has successfully tried cases throughout New York State. His practice has focused on diverse and complex personal injury litigation including catastrophic injury cases.
Mr. Van Duser has also handled a significant number of insurance coverage and contract cases involving high value claims on behalf of insurers, individuals, estates, and businesses and is a member of the firm’s Toxic Tort Department where he litigates claims involving exposure to lead-based paint, asbestos products, and industrial chemicals.
He is a regular speaker for the New York State Bar Association at Continuing Legal Education Seminars.
Partner, Syracuse
Syracuse, New York
Stephen Davoli has been with Sugarman Law Firm since 2006. He is responsible for representing clients in all areas of civil litigation, specializing in disputes arising from construction projects. Mr. Davoli has represented architects, engineers, and contractors defending claims arising from both professional liability and personal injury. His practice also includes litigating insurance coverage disputes, defending toxic tort claims, commercial and personal general liability claims, and business litigation.
He is admitted to practice before all New York State courts and U.S. District Court for the Northern District of New York. He is a member of the New York State Bar Association, the Onondaga County Bar Association, the Defense Research Institute and the New York State Academy of Trial Lawyers.
A resident of Jamesville, Mr. Davoli is a graduate of Syracuse University (B.A. Economics and Public Policy) and Syracuse University College of Law.
Samuel Vulcano has been with the firm since 1979 and previously served as the firm’s Managing Partner. He specializes in the representation of architects, engineers, and surveyors in all matters including defense of claims, disputes during projects and contract negotiation and drafting. He has been named Professional Liability Defense Lawyer of the Year for 2014 and 2016 by Best Lawyers.
Mr. Vulcano’s expertise also covers construction law, trust and estate related litigation, insurance coverage issues, catastrophic injury cases and a variety of other complex litigation. He also serves as a mediator and arbitrator.
He is admitted to practice before all New York State courts, U.S. District Court for the Northern and Western Districts of New York and U.S. Court of Appeals for the Second Circuit. He is a member of the Onondaga County, Erie County, New York State and American bar associations.
He is a graduate of Syracuse University’s S.I. Newhouse School of Public Communications and College of Law (summa cum laude, Order of the Coif, Justinian Law Society). Based on a peer review process, Martindale-Hubbell awarded Mr. Vulcano with the highest rating attainable (an AV Preeminent rating) in the areas of Litigation and Construction Law, Professional Malpractice, signifying the highest level of professional excellence. Named a “Best Lawyer in America” in the field of professional liability, he was also selected a Super Lawyer in the field of professional liability for the magazine, Super Lawyers, a distinction based on peer recognition and professional achievement. He has served on the New York State American Institute of Architects Risk Management Committee and is a member New York State Academy of Trial Lawyers.
Mr. Vulcano has been a speaker and moderator at the national “Invited Attorneys Meeting” for design professionals and their counsel, and also leads seminars for design professionals including sessions accredited by the American Institute of Architects.
He is a frequent contributor to the firm’s publication series, whose articles include:
Mr. Vulcano is a member and accredited speaker for the American Institute of Architects (AIA). He has taught as an adjunct professor at Syracuse University’s Whitman School of Management and is an affiliate member of the American Society of Civil Engineers.
Partner, Syracuse and Auburn
Robert Dwyer has represented seriously injured clients for over 30 years. He has worked closely with insurance companies and has effectively represented clients in a wide range of personal injury cases, including automobile accidents, construction site injuries, work-related accidents, slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence, boating accidents and wrongful death claims.
A graduate of St. Michael’s College (B.A. Business Administration) and Syracuse University College of Law Mr. Dwyer is admitted to practice before all New York State courts and U.S. District Court for the Northern District of New York. He is a member of Onondaga County Bar Association, New York State Bar Association, and the American Trial Lawyers Association. He has served on the Board of Make-A-Wish of Central New York, the Board of the Juvenile Diabetes Research Foundation, the Onondaga Committee for Legislative Change, and is a member of Cambridge Who’s Who Registry of Executives and Professionals.
Mr. Dwyer’s speaking engagements include legal education seminars on topics that include, managing personal injury cases, processing no-fault claims, handling no-fault arbitrations, pre-trial and discovery issues in civil litigation and questions of expert testimony in product liability cases. He has also lectured for the New York State Trial Lawyers Institute on methods for obtaining and providing disclosure in serious injury lawsuits.
Paul V. Mullin has been a Partner since 1996. He handles criminal law, municipal law, governmental liability, product liability claims, premises liability and wrongful death cases. His expertise covers a multitude of additional matters including personal injury suits and civil rights, and constitutional discrimination claims.
A former Onondaga County Assistant District Attorney, he is admitted to practice before all New York State courts, U.S. District Court for the Northern and Western Districts of New York, the U.S. Court of Appeals for the Second Circuit, and the Supreme Court of the United States. He is a member of Onondaga County, New York State and U.S. Northern District of New York bar associations.
A graduate of Siena College 1980 (B.A. Political Science), St. John’s University (M.A. Public Administration) and Syracuse University College of Law (J.D.), Mr. Mullin lectures on municipal liability, premises and product liability and insurance law.
Mr. Mullin has achieved the highest peer review rating of AV from his peers based upon a report from national reviewer Martindale-Hubbell. The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence. The rating is based on performance in five key areas, Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability and Legal Experience. He was selected for the magazine, Super Lawyers, a distinction based on peer recognition and professional achievement issues, New York Super Lawyers 2007-2012, 2014 and 2016 Upstate Edition and New York Upstate Buffalo Spree Super Lawyers 2007-2012.
Mr. Mullin is active in the community and has served as a Board Member of the Onondaga County Bar Foundation and as Secretary of the Parish Council of the Basilica of the Sacred Heart of Jesus. He has served as President of the Bar Foundation and as President of the Onondaga Free Library. As Library President he led a multi-million dollar campaign to build a new library. He is also an active member of the Christian Brothers Academy Alumni Association and the Catholic Lawyers Guild.
Mr. Mullin Serves as a national leader as a member of Defense Research Institute’s (DRI) Governmental Liability Committee. Paul holds the position of Membership Chair on DRI’s Governmental Liability Executive Committee. He is also active on committees relating to products liability and trucking. Mr. Mullin is also a member of the National Retail and Restaurant Defense Association (NRRDA).
National Business Institute Lecture “The Rules of Evidence: A Practical Tool Kit” and “Presenting to the Judge and Jury” October 20, 2017
National Business Institute Lecture “Police Liability Claims From Start to Finish” and “Settling Police Claims” October 16, 2017
National Business Institute Lecture “Auto Injury Litigation From Start to Finish” on the topic of Bad Faith.
National Business Institute Lecture “Legal Issues Involving Local Governments”, “Local Government and The Law” and “Police Liability Claims “, December 8, 2014.
National Business Institute Lecture “Applying the Rules of Evidence: What Every Attorney Should Know”, “Electronic Discovery Update” and “Authentication, Exhibits and Courtroom Presentation”, December 6, 2013
Municipal Law Attorney Claims Seminar Lecture “New York 2011/2012 Municipal Law Updates and Governmental Immunity”, September 12, 2012.
National Business Institute: LEGAL ISSUES INVOLVING LOCAL GOVERNMENTS, “Local Government and the Law” and “Police Liability Claims”, July 16, 2012.
New York State Bar Association: MOTOR VEHICLE LITIGATION – THE ROAD LESS TRAVELED, “Dram Shop Proving/Disproving Liability”, November 11, 2011.
National Business Institute: LEGAL ISSUES INVOLVING LOCAL GOVERNMENTS, “Local Government and the Law” and “Police Liability Claims”, July 16, 2010.
National Business Institute: MAY IT PLEASE THE COURT – EFFECTIVE CASE PRESENTATION AT TRIAL, “Effective Opening and Closing Statements”, March 26, 2010.
New York State Bar Association: CONSTRUCTION SITE ACCIDENTS, “Direct and Cross of the Site Foreman as an Adverse Witness” and “Direct and Cross of the Site Safety Expert; December 11, 2009.
New York State Bar Association: KEEPING CURRENT WITH AUTOMOBILE LITIGATION, “Establishing the Bio Mechanical Defense; September 12, 2008.
New York State Bar Association: THE EXAMINATION BEFORE TRIAL – A PRIMER ON DEPOSITIONS IN TORT AND PERSONAL INJURY CASES, “Defendant the Deposition” and Miscellaneous Deposition Issues”; April 27, 2007.
New York State Bar Association: HANDLING A NO-FAULT CASE, “The Fundamentals and Strategies for Representing Plaintiffs and Defendants”; October 18, 2007.
Attorneys’ Association of the State of New York: 2003 ANNUAL MEETING: “Section 1983 and Other Municipal Litigation Issues”; May 30, 2003, Albany Law School Union University Institute of Legal Studies.
New York State Bar Association: BASIC TORT and INSURANCE PRACTICE, “Labor Law – Construction Accident Claims”, May 8, 2003.
New York State Bar Association AUTOMOBILE LIABILITY 2003, “The Serious Injury Threshold and Related Case Law”; October 3, 2003.
Lorman Education Services, Inc.: PERSONAL INJURY AND INSURANCE LAW, “No-Fault Insurance Arbitration in New York State”, June 11, 1998.
New York State Bar Association: PREMISES LIABILITY, “Proximate Cause/Foreseeability”, March 22, 1996.
Lorman Education Services, Inc.: PERSONAL INJURY AND INSURANCE LAW, “No-Fault Arbitration in New York State”, March 16, 1995.
Partner, Buffalo
Michael A. Riehler is a Partner at the firm’s Buffalo office. He represents a wide cross-section of clients within the fields of personal injury and accidents, general liability and business litigation. His practice extends into the areas of appeals, mediation, civil rights, discrimination and sexual harassment, disability claims, school claims, premises and product liability, toxic tort litigation, municipal law and trucking.
He is a member of the Bar Association of Erie County, the Western New York Trial Lawyers Association, and the New York State Bar Association and its Dispute Resolution Section and Committee on the Tort System. He is admitted to practice before all New York State courts, U.S. District Court for the Western District of New York, U. S. Bankruptcy Court for the Western District of New York, and United States Court of Appeals for the Second Circuit.
Michael has written a number of articles on motor vehicle issues, and lectures frequently on this topic for business and legal organizations. He is a member of the National Restaurant and Retail Defense Association (NRRDA).
A graduate of State University of New York at Buffalo (B.A. Communications) and Western New England College of Law, Mr. Riehler volunteers with the Kiwanis Club of Lewiston. He is also on the Board of Directors and is member of the Niagara Frontier Country Club and participates in fundraising for youth baseball in Lewiston.
He and his wife, Michelle, live with their two children in Lewiston.
Paralegal, Syracuse
She assists attorneys Paul Mullin and Kevin Van Duser with defense of commercial and personal injury cases, including trucking/automobile accidents, construction and slip and fall accidents, defective and unsafe products and wrongful death claims. Her responsibilities include administrative support to attorneys, case management, organization and maintenance of records, preparation of pleadings and discovery and trial preparation.
Mary is a 1987 graduate of the American Institute for Paralegal Studies. She has been employed in the legal field for over thirty years and is a member of the Onondaga County Bar Association.
She resides in Camillus with her husband and son.
Paralegal, Buffalo
She assists attorneys Brian Sutter and Michael A. Riehler with the representation of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence and wrongful death claims. She has been with Sugarman Law Firm since 2002.
Ms. Alessi’s responsibilities include client interviews, case management, including organization and maintenance of records, medical record review, the preparation of pleadings and trial preparation.
Ms. Alessi a member of the Western New York Paralegal Association (WNYPA).
Office Manager, Syracuse
She manages the firm’s accounting and office operations.
Ms. Armstrong is a graduate of Bryant & Stratton College (A.S. Computer Programming, valedictorian, 1985) and is involved with the Make-A-Wish Foundation of Central New York and American Cancer Society-Breast Cancer Walk.
Paralegal, Syracuse
She assists attorney Jenna Klucsik in the preparation of Supreme Court motions and appeals to the Appellate Division and Court of Appeals, as well as federal court motions and appeals to the Second Circuit. She has been with Sugarman Law Firm since 1999.
Ms. Gates’ responsibilities include client interviews, case management, including organization and maintenance of filing deadlines and records on appeal, the analysis and preparation of pleadings, motions, and appellate briefs, maintaining attorney calendars, assisting attorneys in trial preparation, and conducting legal research.
She has prior experience in bankruptcy law and school and employment law.
Ms. Gates is a graduate of Syracuse University’s Certificate in Paralegal Studies (with honors, 1997). In 2000 she received national certification through the National Association of Legal Assistants. She is a member of the Onondaga County Bar Association Paralegal Committee and National Association of Legal Assistants.
She is a member of the firm’s Human Resources Committee and IT Committee.
Ms. Gates resides in North Syracuse.
Paralegal, Auburn and Syracuse
She assists attorneys Stephen Pesarchick and Paul Mullin in the representation of personal injury cases, including automobile accidents, and wrongful death claims; and civil litigation matters including, construction claims, products liability, transportation claims, automobile and motor carrier accidents, fire claims and municipal claims.
Her responsibilities include transcription, correspondence, maintaining attorney’s calendars, organization and maintenance of records, conducting legal research, and administrative support to attorneys.
She is a 2008 and 2018 graduate of Nazareth College (B.A. Political Science, cum laude and M.S. Business Organization and Management).
She resides in Auburn with her husband Tim.
Legal Secretary, Buffalo
She assists attorney Daniel T. Cavarello, in the defense of claims against municipalities, school and fire districts and related entities, as well as cases involving products liability, premises liability, general liability, toxic torts, and personal injury claims.
Ms. Au’s responsibilities include handling and preparation of daily and routine correspondence with clients and carriers, dictation, maintaining attorney calendars, preparing pleadings and motions, and filing legal documents. She is a graduate of the State University of New York at Fredonia (B.A. English, Minor in Criminal Justice, 2012) and received her Paralegal Certificate from the State University of New York at Buffalo in 2012.
Paralegal, Syracuse
She assists attorneys Paul Mullin and Zachary Mattison with defense of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), medical and professional malpractice, and wrongful death claims.
Her responsibilities include client interviews, case management, including organization and maintenance of records, medical record review, and the preparation of pleadings.
Ms. D’Alfonso is a graduate of Central City Business Institute (A.S. Legal Administrative Studies, magna cum laude, 1994) and Onondaga Community College (A.O.S. Criminal Justice, 2005), where she was on the President’s List.
Paralegal, Syracuse
She assists Robert Dwyer with representation of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence and wrongful death claims. She has been with Sugarman Law Firm since 1993 and a Paralegal since 1997.
Ms. Rockdashil’s responsibilities include client interviews, case management, including organization and maintenance of records, medical record review, the preparation of pleadings, maintaining attorney calendars, assisting attorneys in trial preparation, and conducting legal research. She also assists with maintaining and trouble-shooting information technology matters.
She is a graduate of Bryant & Stratton (A.A.S., Administrative Assistant, 1993).
Paralegal, Syracuse
Ms. Henshaw assists attorneys Jenna Klucsik, Zachary Mattison, and Jeffrey Narus with the preparation of legal documents such as pleadings, motions, and appellate briefs. She joined Sugarman Law Firm in 2009 and has worked in the legal community since 2005.
Ms. Henshaw’s responsibilities include transcription, correspondence, maintaining attorney’s calendars, organization and maintenance of records, and administrative support to attorneys.
She is a graduate of Bryant and Stratton College (A.A.S. Paralegal Studies, summa cum laude, 2005).
Paralegal, Syracuse
She assists attorneys Sam Elbadawi and Stephen Pesarchick in the representation of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence and wrongful death claims. She also assists Stephen Pesarchick in the defense of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), medical and professional malpractice, and wrongful death claims.
Her responsibilities include client interviews, case management, including organization and maintenance of records, medical record review, the preparation of pleadings, maintaining attorney calendars, assisting attorneys in trial preparation, and conducting legal research.
Ms. Alliger is a graduate of Bryant & Stratton College (A.S. Paralegal Studies, with honors, 2001) and a member of the Onondaga County Bar Association. She participates in walks and runs to raise money for various charities.
She resides in Liverpool.
Legal Secretary, Buffalo
She assists attorneys Brian Sutter and Michael Riehler in the defense of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence and wrongful death claims, as well as claims against architects and engineers and other design professionals. She has been with Sugarman Law Firm since 1997 and has more than 25 years experience as a legal secretary.
Ms. Hunt’s responsibilities include handling and preparation of daily and routine correspondence with clients and carriers, dictation, maintaining attorney calendars, preparing pleadings and motions, and filing legal documents. She also coordinates interviews and training at the Buffalo office and assists with the office’s billing and information technology matters.
She resides in Hamburg with her husband and has a daughter.
Paralegal, Syracuse
She assists attorneys Samuel Vulcano and Stephen Davoli in the defense of architectural, engineering, and attorney malpractice claims. She has been with Sugarman Law Firm since 1990.
Her responsibilities include administrative support to attorneys, review, organization and summarization of documents, document drafting, legal and other research, and general case management.
Ms. Bartlett is a graduate of Bryant and Stratton College (A.S. Word Processing) and State University of New York at Oswego (Certificate, Paralegal Studies). She is a member of the Onondaga County Bar Association Paralegals Committee.
Paralegal, Buffalo
She assists Daniel Cavarello in the defense of personal injury cases, including automobile accidents, construction and slip and fall accidents, matters of defective and unsafe products (including pharmaceuticals), nursing home negligence and wrongful death claims. Mrs. Peterson’s responsibilities include client interviews, case management, including organization and maintenance of records, medical record review, the preparation of pleadings, and trial preparation. She has been with Sugarman Law Firm since 2003.
Mrs. Peterson is a graduate of Erie Community College (A.A.S. Office Management, 2000) and Buffalo State College (B.S. Business Administration 2006).
She resides with her husband in Depew.
Of Counsel, Syracuse
He is admitted to practice before all New York State courts, U.S. District Court for the Northern and Western Districts of New York, U.S. Court of Appeals for the Second Circuit.
He is a member of Onondaga County, New York State and American bar associations.
He received his J.D. from Syracuse University College of Law.
Associate, Syracuse
Michael Boisvert focuses on the representation of individuals, families, and estates in personal injury and wrongful death claims. He has successfully handled and assisted in the handling of personal injury claims arising from motor vehicle accidents, construction site accidents, slip-and-fall accidents, and accidents caused by defectively designed products. Mr. Boisvert has handled claims and actions all across the State of New York and has made a number of Court appearances across the State.
In 2019, Mr. Boisvert was selected to the Super Lawyers Rising Stars List. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Mr. Boisvert is admitted to practice before all New York State Courts and the U.S. District Court for the Northern District.
He is a member of the Onondaga County Bar Association and the New York State Academy of Trial Lawyers.
Mr. Boisvert is a graduate of St. John Fisher College (B.S. Business Management, magna cum laude), and Syracuse University College of Law (magna cum laude). At the College of Law, Michael was inducted into the Justinian Honorary Law Society, he was the Executive Editor of the Syracuse Law Review and served as a peer tutor. Michael also interned with the United States Attorney’s office for the Northern District of New York.
NOTABLE SETTLEMENTS
Mr. Boisvert represented a 52 year old resident of Sterling, New York who suffered a fractured ankle when she tripped and fell in a grocery store located in New Haven, New York. The client underwent a surgical procedure to fix her fractured ankle. In December of 2018, approximately 8 months after being retained, the claim against the grocery store settled for $145,000.
Mr. Boisvert represented a 97 year old resident of Gouverneur, New York who sustained a fractured humerus when she tripped and fell at an apartment complex in Gouverneur. Fortunately for the client, the fracture healed without surgery. In July of 2018, approximately 10 months after being retained, the claim against the apartment complex settled for $42,500.
Mr. Boisvert represented a 66 year old resident of North Syracuse who sustained knee and hip injuries in a motor vehicle accident. The client required hip and knee replacement surgeries. The insurance company for the motorist that caused the accident argued that the injuries pre-existed the accident. In June of 2018, approximately two years after being retained, the claim against the motorist that caused the accident settled for $100,000, which was the full amount of insurance coverage available.
Mr. Boisvert represented a 26 year old resident of Syracuse, New York who sustained a soft tissue neck injury in a motor vehicle accident. Fortunately for the client, her injury healed without surgery. The other motorist’s attorney argued that the client did not sustain a serious injury. Approximately two years after being retained, the claim against the motorist that caused the accident settled for $40,000.
Mr. Boisvert represented a 34 year old resident of Cortland, New York who sustained 2nd and 3rd degree burns to her right and left legs as a result of a motor vehicle accident. The client required debridement, but fortunately did not require any skin grafts or surgical procedures. The motorist that caused the accident carried the minimum amount of automobile insurance coverage ($25,000 per person). Mr. Boisvert was able to recover the full amount of the policy ($25,000) in June of 2017. Mr. Boisvert was able to recover an additional $75,000 from the client’s supplemental underinsured motorist (SUM) benefits (which represented the limit of her available SUM coverage) in November of 2017, less than a year after being retained.
Mr. Boisvert represented a 44 year old resident of Syracuse, New York who sustained a soft tissue injury to her low back in a motor vehicle accident. Fortunately for the client, her low back injury healed without surgery. In July of 2017, approximately 7 months after being retained, the claim against the motorist that caused the accident settled for $60,000.
NOTABLE APPEALS
In Rosario v. Monroe Mechanical Services, Inc., 158 AD3d 1155 (4th Dept 2018), the client was a 45 year old resident of Syracuse, New York who sustained a low back injury as a result of a product exploding in a scrap metal shredder. The client’s low back injuries required multiple surgeries, including a fusion of his lumbar spine. The trial court granted the defendant’s motion for summary judgment ruling that it was a casual seller of the product that created the explosion. Mr. Boisvert successfully appealed this decision arguing that they were not a casual seller, and even if they were, they still owed a duty to our client. The Appellate Division unanimously reversed the trial court’s decision.
Associate, Buffalo
Marina Murray is a graduate of Boston University (B.A. English), and SUNY Buffalo Law School (cum laude). Ms. Murray is admitted to practice before all New York State courts.
During law school Ms. Murray was an associate on the Buffalo Intellectual Property Law Journal and an Advanced Legal Analysis, Writing and Research Fellow.
Ms. Murray interned with the Hon. Eugene M. Fahey, New York State Court of Appeals, reviewing appeals and filings, conducting legal research, preparing reports and etc.
Ms. Murray lives in Buffalo.
Partner, Syracuse
Direct Dial: (315) 362-8965
[email protected]
She is admitted to practice before all New York State Courts, the U.S. District Court for the Northern District of New York, the U.S. District Court for the Western District of New York, and the U.S. Court of Appeals for the Second Circuit. She is a member of the New York State Bar Association, the Onondaga County Bar Association, and the Central New York Women’s Bar Association. Ms. Klucsik is also admitted to practice in Maine.
A graduate of Washington and Lee University (B.A. Politics and Romance Languages, cumlaude) and Syracuse University College of Law (summa cum laude), she was Law Clerk to the Honorable Susan Calkins of the Maine Supreme Judicial Court prior to joining Sugarman.
Ms. Klucsik is a director of the Onondaga County Bar Association and a member of the Onondaga County Bar Association Judiciary Committee. She has also served as an evaluator for a number of law school moot court competitions at Syracuse University College of Law.
Ms. Klucsik was selected to the “Super Lawyers” list in 2018 and 2019, in the area of appellate practice.
She resides in Dewitt with her family.
Associate, Syracuse
Mr. Schoonmaker is admitted to practice before all New York State courts and the United States District Court for the Northern District of New York.
At the College of Law, Mr. Schoonmaker was an executive board member for both Moot Court Honor Society and the Syracuse Law Review. An article he wrote was published in Volume 66 of the Syracuse Law Review, for which he received a 2016 Burton Award for Excellence in Legal Writing. He was also an intern at the U.S. District Court for the Northern District of New York, specifically for U.S. Magistrate Judge Hon. Thérèse Wiley Dancks and Chief U.S. District Judge Hon. Glenn T. Suddaby.
After graduating from the College of Law, Mr. Schoonmaker worked for two years as an Appellate Court Attorney at the Fourth Department of the Supreme Court Appellate Division, located in Rochester, NY.
Mr. Schoonmaker lives in Camillus, NY.
