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New York City Personal Injury Lawyer

New York City Personal Injury Attorneys

If you are injured in a New York City accident that was due to the fault of another person or entity, you need an experienced New York City personal injury lawyer to protect your rights and assert your claim.

Stuart DiMartini practices exclusively in the area of personal injury law. He has 30 years of experience protecting the rights of persons injured in accidents. His success is measured by the results he obtains for his clients.

New York City personal injury accidents can lead to serious injuries. Some of these injuries may include:

Practicing personal injury law in New York City takes skill and experience. The defendants will try to defeat your claim and prevent you from obtaining a recovery. They have skilled and seasoned lawyers working for them with knowledge of the law. So should you!

Trip and Fall

Sometimes a case can take unexpected twists and turns that can hurt your chances of success. Having a seasoned personal injury lawyer can help your chances in such a case.

For example, recently, Mr. DiMartini defeated a motion for summary judgment in a New York City trip and fall claim.

Read the Court's Decision

A summary judgment motion is when the defendant asks the court to dismiss the case because there is no question of fact to be decided by a jury, and the case should be decided as a matter of law.

In this particular case, the plaintiff tripped and fell on a pothole in the street as she was attempting to enter her car. The pothole was part of a paved trench that ran from a utility pole to a Post Office that was located across the street. This indicated that the pothole was a created condition for which liability may be imposed.

Plaintiff sustained a bone contusion/travecular fracture involving the subchondral talus medially at the subtalar joint from anterior to posterior of the right ankle. She underwent right ankle arthroscopy, extensive debridement of chronic scar tissue; partial synovectomy, repair of the osteochondral lesion, primary repair with capsule shrinkage and ablation technique of the Attenuated anterior talofibular ligament, and extensive debridement of chondromalacia.

Mr. DiMartini brought claims against various utilities and the municipality.

Plaintiff’s expert engineer opined that the subject trench was improperly excavated and restored, and, as such, was in violation of generally accepted construction standards and/or practices, as well as the New York City Highway Rules. This improper excavation and restoration lead to the formation of said pothole at incident location, and thereby presented unnecessary and hazardous conditions during normal, reasonable and expected use.

No one can open a New York City Street without a permit from the City.

In this case, however, the City did not locate a permit. The permit would indicate the party that opened the street.

During the discovery phase, all of the utilities denied that they created the trench, yet all agreed that only one of them could have created the trench. This created a conundrum that made it impossible for Mr. DiMartini to prove who was the responsible party. The plaintiff’s case suddenly faced a serious problem.

All of the defendants moved for summary judgment. Mr. DiMartini cross-moved seeking to strike the answers of the defendants for spoliation of evidence.

In his opposing papers, Mr. DiMartini was able to prove that based on the testimony, photographs of the site and expert opinion, the trench was dug for communication wires only.

Based on this, the communications utility sent its engineer back to the site. The engineer confirmed that they in fact dug the trench some 40 years prior.

Mr. DiMartini released the other defendants from the case and continued the claim against the communications utility.

The court decided that the communications utility’s motion for summary judgment did not make a prima facie showing of a lack of a question of fact and denied the motion. As such, Mr. DiMartini established a viable claim against the communications utility.

Contact Us

We know New York City personal injury law. We will guide you through every step of the process and fight to protect your rights. With our team of highly experienced investigators and expert engineers, will conduct an immediate investigation into your accident collecting critical evidence, interviewing potential witnesses, and determining all of the responsible parties.

Since 1987, Mr. DiMartini has represented people injured in accidents throughout the New York City metropolitan area. He is a seasoned New York City personal injury attorney with a long record of success winning favorable settlements and awards for his injured clients. Mr. DiMartini only practices in the areas of personal injury litigation. He knows the legal requirements necessary to establish your claim. He will fight to get you the maximum compensation your deserve for your injuries.

Personal injury law is all we do. We know how to get results!

If you or a loved one has been injured in a New York City trip and fall accident, we are here to fight for your rights. Call Mr. DiMartini directly at 1.844.299.0030. You can also contact us online. The consultation is free. There is never a fee unless we win your case!

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