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New York Partners Receive Decision Affirming Summary Judgement for Professional Athlete

New York City Partners Dana M. Ricci and John V. Barbieri prevailed at the Supreme Court of Queens County in New York for our client, a professional athlete.

In 2019, New York Attorney Dana M. Ricci prevailed on the dismissal of a $1.5 million demand of a professional sports team member. In this case, Plaintiff claimed she suffers from lasting hip injuries after she stepped backwards to avoid being struck by our client’s vehicle while crossing a street located near the parking lot at Defendant’s training facility. In this personal tort claim, Plaintiff stated that Defendant’s vehicle entered the crosswalk and came to a stop. She claimed that to avoid being hit she was forced to step out of the way, then fell to the ground, which resulted in her hip fracture. Defendant admitted he was driving the car, and stated he stopped 10 feet away from where Plaintiff was crossing the intersection and saw her take a step backwards then fall to the ground. Our attorneys claim that there is no evidence pointing to reckless behavior and found no precedent for a claim wherein a pedestrian had no contact with a vehicle. The Supreme Court agreed and granted summary judgment in favor of our client.

On appeal, the New York Appellate Division, Second Department, reversed the Supreme Court’s favorable decision. However, in October 2022, our client received a favorable jury verdict at the Supreme Court.

Dana concentrates her practice on insurance coverage, toxic tort and asbestos litigation, and products liability cases. She also handles matters involving construction litigation, site accidents and premises liability. Dana’s experience includes trucking and motor vehicle litigation, and an array of civil litigation.

John has experience in all aspects of personal injury, property damage, premises liability and construction liability. He also handles labor law, products liability, medical and non-medical professional liability, as well as insurance coverage cases.