Lewis Johs Avallone Aviles, LLP

Congratulations to partner Brian Greenwood for obtaining a defense verdict on behalf of our client, a pain management specialist, in a case tried in Nassau County Supreme Court. In this case, the 61-year-old patient was suffering from progressive lower back pain and presented to Brian’s client for a lumbar epidural steroid injection in an attempt to alleviate the pain. Plaintiff alleged that on the day of the injection the patient had developed a sacral pressure ulcer which was a contraindication to performing the procedure, as it provided an avenue for the introduction of bacteria into the plaintiff’s body. The day after the injection the patient’s condition did not improve and he was taken to the emergency room. MRI imaging studies showed the patient had an extensive infection in his L3 and L4 lumbar vertebras, an infection in the L3-L4 disc, and an abscess in the epidural space abutting the spinal cord. The plaintiff underwent multiple surgeries and, after a four-month hospitalization, died due to complications of infection. Brian argued it was not a departure to perform the epidural steroid injection as the pressure ulcer, if present, was not in the sanitized window of the injection. Brian further argued that it would be impossible for bacteria to be introduced on the day of the injection and cause the massive infection in the 24 hour time period between the injection and the hospitalization. The jury returned a verdict in favor of our client.

In honor of Independence Day, our offices will be closed today, July 4th and tomorrow, July 5th. Wishing you an enjoyable and safe holiday weekend!

Wishing all wonderful dads a very happy & special Father’s Day!

Congratulations to Principal Jason Katz for obtaining summary judgment and dismissal of the plaintiff’s complaint and all crossclaims asserted against our client in Bronx County Supreme Court on a case involving a slip and fall on snow and ice. The plaintiff alleged that she slipped and sustained significant injuries requiring multiple surgeries as the result of our client’s alleged negligence in failing to remove snow and ice and/or exacerbating a snow and ice condition. As the contractor retained by the property owner to perform snow and ice removal, Jason successfully argued that his client owed no duty to the plaintiff and that the plaintiff failed to raise a triable issue of fact.

Once again, partner Michael Del Piano was recognized as a Pro Bono Leader by the American Bar Association’s Standing Committee on Pro Bono. We are proud of Michael’s commitment to providing pro bono services through ABA Free Legal Answers, a virtual civil legal advice clinic. Through Free Legal Answers, Michael advises qualifying low-income New Yorkers on various legal topics, including labor and employment law, civil rights, family law, divorce and custody matters, consumer rights, immigration, landlord/tenant disputes, and other civil litigation issues.

Congratulations to Partner David Metzger for obtaining summary judgment in New York County Supreme Court on a case involving an alleged late evening slip and fall inside the stairwell of a large residential building. The plaintiff alleged that he slipped and sustained a significant knee injury due to a combination of a transient substance and malfunctioning light. The plaintiff also argued that garbage in the stairwell was a recurrent condition. Through deposition testimony of the assigned janitor and the existing record keeping, David established the property owner’s lack of notice. Specifically, the defense established that the stairs had been inspected and cleaned the morning of the accident and any transient substance and/or faulty lighting would have been addressed at that time. David also countered plaintiff’s “recurrent condition” argument by establishing the procedures by which the property took daily efforts to ensure that any such condition was not left “routinely unaddressed.”

On this day, we take a moment to remember and honor the brave Americans who sacrificed their lives for our freedom. In observance of Memorial Day, our offices are closed today, May 27th.

Partners Rebecca K. Devlin and Karen Berberich recently lectured to insurance executives about the importance of thoroughly investigating and properly evaluating cases at the claim stage and during the litigation process. Karen addressed the duties and obligations of insurers to their insureds, and the consequences of an insurer's breach of its duty of good faith and fair dealing. Rebecca discussed the disparities in compensatory jury awards rendered throughout the State of New York, as well as the importance of retaining experts and pursuing a vigorous but pragmatic defense in high exposure cases.

Celebrating the strength and love of mothers everywhere. Happy Mother's Day!

PLEASE VOTE BY MAY 27th: Lewis Johs has been nominated for the Long Island Business News (LIBN) Reader Rankings competition for 2024 in the following categories: -Best Law Firm (Overall) -Best Trusts and Estates Law Firm -Best Elder Care Law Firm -Best Corporate Law Firm -Best Real Estate Law Firm -Best Litigation Law Firm To vote, please click here: https://lnkd.in/es2-tUsh You MUST register your name and email to submit your vote. We appreciate your support! #bestlawfirm #libn #longisland