TELS Attorneys Robert Leff and Lisa Black Succeed on Appeal in Case of Motorcyclist Who Suffered Brain Injuries

March 30, 2007

HAWTHORNE, New York -- TRAUB EGLIN LIEBERMAN STRAUS LLP (TELS) is proud to announce that the Appellate Division, Second Department recently granted TELS' appeal (and subsequent dismissal) in a case involving major injuries sustained during a motorcycle crash.

In McDonald v. Mauss, et al., Index No.: 31189/02, the Plaintiff was injured when he lost control of his motorcycle while traveling on a street in Queens. The Plaintiff suffered serious injuries, including cognitive impairment. Subsequently, the Plaintiff alleged that the accident was the result of a defective road condition created by the Defendants, one of which was represented by TELS attorneys Robert M. Leff and Lisa Black.

At the close of discovery, the Defendants moved for summary judgment on the basis that there was no evidence that the road condition caused Plaintiff’s accident.  The Supreme Court of the State of New York, Queens County, initially denied the motion finding that Plaintiff raised an issue of fact as to causation that was sufficient to defeat summary judgment. 

Defendants then appealed on the basis that the Plaintiff’s evidence was purely speculative.  The Appellate Division agreed and reversed the trial court’s decision, resulting in the dismissal of the complaint.  In so doing, the Appellate Division found that the Defendants made a prima facie showing of entitlement to summary judgment by presenting sufficient evidence to show that they did not create the allegedly defective condition. The Court went on to hold that the Plaintiff’s submissions, in opposition to the motion, were based on “speculation and surmise” and were, therefore, insufficient to raise a triable issue of fact.      

TELS congratulates Mr. Leff and Ms. Black on their successful appeal. For more information about Mr. Leff, a partner with TELS, please visit:

http://www.tels.com/profiles/robertleff/

For more information about Ms. Black, an associate with TELS, please visit:

http://www.tels.com/profiles/lisablack/