$300,000 Recovery Premises Liability Accident in NY

Bar Employee Assaults Client

Wingate, Russotti, Shapiro & Halperin Associate Joseph Stoduto was able to obtain a settlement in the amount of $300,000 on behalf of our client, a thirty-five year old man from Queens County. The man was engaged in an altercation outside a bar when a man whom we claimed was an employee of the bar followed him across the street and assaulted him. The defendant bar owner filed a motion to dismiss the case on the grounds that the man in question was not actually an employee of the bar and that any assault on our client could not have been within the scope of the assailant's employment duties with the bar.

Through extensive legal research and investigation, Joseph was able to get the trial court to deny the defendant's motion to dismiss the case, and when the defendant appealed that decision to the court of appeals, Joseph had the trial court's decision upheld, allowing the case to continue and proceed to trial. As a result of the accident, our client suffered injuries to his ankle which required surgery. Shortly prior to the trial of this matter, Joseph was able to settle the case for the amount of $300,000.

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