June 2010 — Kimberly S. Conidi, Esq., an associate attorney with Chelus, Herdzik, Speyer and Monte, P.C., was elected, on May 15, 2010, to serve a two-year, renewable term on the University at Buffalo Alumni Association’s Board of Directors. Conidi was also recently appointed by the Erie County Legislature to serve on the Advisory Board of the Erie County Commission on the Status of Women.

June 2010 — Thomas P. Kawalec and Micheal Chmiel presented a seminar entitled "New Developments in Personal Injury Litigation - Heathcare Insurers' Right of Subrogation and Medicare Repayment Issues" for the Erie Institute of Law (Erie County Bar Association). Mr Kawalec presented on the topic of recent legislative changes to health insurers' equitable subrogation rights and their effects on personal injury litigation. Mr. Chmiel discussed developments in the area of personal injury litigation and Medicare claims.

May 2010 — In January of 2009, it was reported that Mr. Targia was successful at trial, defending the County of Chautauqua in a motor vehicle accident case involving a single car. The subject accident occurred during a snowstorm. The driver of the vehile failed to keep her car under control. The plaintiff, a front seat passenger, was injured when the vehicle slid off the road and struck a ditch. At trial the jury found the plaintiff's argument that the accident was caused by the County's alleged poor maintenance of the shoulder of the roadway to be without merit.

On appeal, the plaintiff argued that the jury's verdict was both inconsistent and against the weight of the evidence. The Appellate Division determined that even if the plaintiff had properly preserved the issue for appeal, the jury's verdict was consistent with the jury charge when considered in its totality. Further, the Appellate Division also determined that the jury verdict was supported by the evidence where there was more than sufficient evidence to establish that the subject accident was caused by one or a combination of several factors other than the manner in which the shoulder of the subject roadway was maintained by the County of Chautauqua.

This Appellate Division decision is available upon request and can also be found on Westlaw, the citation as follows : Delong v County of Chautauqua , 71 A.D.3d 1580, --- N.Y.S.2d ----, 2010 WL 1136824 N.Y.A.D. 4 Dept.,2010.

May 2010 — We are pleased to announce that a member of our firm, Anthony B. Targia, has accepted a renewed three year term to serve on the Cheektowaga Chamber of Commerce Board of Directors. Founded in 1939, the mission of the Cheektowaga Chamber of Commerce is to assist, support and promote business in the Cheektowaga community through economic, educational and legislative programs and in doing so strengthen the Cheektowaga community.

May 2010 -- Kimberly S. Conidi, Esq., of Chelus, Herdzik, Speyer & Monte, P.C., has recently been appointed to serve on the Advisory Board for Camp Good Days & Special Times, Inc. Conidi is also a member of the West Seneca Kiwanis Club, the March of Dimes Program Services Committee, and the United Way Community Impact Council on Education.

April 2010 -- Tom Kawalec and Tony Targia presented a seminar for claims representatives and managers of one of our major insurance clients. The discussion of the topics was certainly relevant to the proper evaluation of claims as well as litigation strategy. If you would like to have Tom and Tony present on these topics, certainly do not hesitate to contact them atcontact Tom Kawalec at tkawalec@cheluslaw.com and atargia@cheluslaw.com.

April 2010 -- On March 26, 2010, the Appellate Division, Fourth Department reversed the lower court's ruling and granted the defendants' motion for summary judgment in the case of Semonian v. Seidenberg and The Buffalo News, Inc. Attorney Kevin Loftus successfully argued that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d). Mr. Loftus was able to argue that the plaintiffs failed to raise an issue of fact within their opposing papers to defeat the motion particularly in view of the plaintiff's failure to offer a reasonable explanation for his 16 month gap in treatment. The plaintiff admitted he continued to work on a full-time basis and exercised regularly during that 16 month period. Based on Mr. Loftus' arguments, the Fourth Department unanimously reversed on the law and dismissed the plaintiff's complaint.

April 2010 -- At a trial before the Honorable Paula Feroleto in Erie County Supreme Court, Tom Kawalec obtained a favorable verdict on behalf of defendants who operated a small, family-owned store in the southtowns. The case involved a plaintiff who sustained a serious ankle injury requiring repeated surgeries as a result of a slip and fall incident due to the formation of ice. The plaintiff's last settlement demand was $750,000.00. After a trial, the jury concluded that a dangerous condition did not exist at the defendant's property and awarded a no cause to the defendant. If you have any questions regarding this verdict, you can certainly contact Tom Kawalec at tkawalec@cheluslaw.com.

April 12, 2010 – Rebecca E. Monte has volunteered to speak at a 2010 National Healthcare Decisions Day Program, sponsored by the Elder Law Section of the New York State Bar Association. The presentation is scheduled for Monday, April 19, 2010 at 1:00 p.m. The presentation will take place at the Ivy Rose Senior Living Apartments, 1188 Hertel Avenue, Buffalo, New York 14216.

April 5, 2010 – Arthur A. Herdzik, an officer of the law firm of Chelus, Herdzik, Speyer & Monte, P.C. , was selected by the New York State Bar Association to speak at a continuing legal education program presented for the benefit of practicing attorneys.  The program, "Introductory Lessons on Ethics and Civility for 2010" will be presented Friday, April 16, 2010 at the Hyatt Regency in Buffalo.  Mr. Herdzik will speak on the topic "Civility in Everyday Lawyering: What are the Basic Lessons to be Learned".

Mr. Herdzik will also participate in a panel discussion on ethics and civility with other program faculty which include Supreme Court Judge John M. Curran, and attorneys Sharon M. Porcellio, David L. Edmunds, Jr. and Richard T. Sullivan.
Mr. Herdzik also contributed to the New York State Bar Association course handbook which is to be distributed to attendees state wide.

Mr. Herdzik is an invited member of the American Board of Trial Advocates, a national association of trial attorneys dedicated to foster improvement in the ethical and technical standards of practice in the field of litigation.  He is also a member of the New York State Bar Association and Bar Association of Erie County where he serves as chairperson of the Negligence Committee. 
Mr. Herdzik has, in the past, participated as an organizer, speaker and course book contributor in several state and county bar association continuing professional education programs. 

Mr. Herdzik resides in the Village of Lancaster where he is the Village Attorney and treasurer of the Lancaster Lions Club. 

Mr. Herdzik received his B.A. from the University of Buffalo in 1972 and his J.D. from the University of Buffalo School of Law in 1975.

Chelus, Herdzik, Speyer & Monte, P.C. is a full service law firm practicing in the areas of civil litigation, real estate, corporate and business law, estate and estate planning, criminal defense, and matrimonial law.  The firm is headquartered in the Main Court Building, 438 Main Street, Tenth Floor, at Lafayette Square in Buffalo, with a branch office at 2448 Union Road in Cheektowaga, New York.

February 2010 – On February 12, 2010, Anthony B. Targia, Esq. will speak as part of a five member panel presented by Arthur A. Herdzik, Esq., on the topic of E-Age Litigation : Tactics, Procedures and Ethical Issues. The seminar will be held at the Hyatt Regency Buffalo. The seminar will provide an overview of the challenges and opportunities that are posed to bodily injury litigators by recent advances in technology.

December 2009 – Chelus, Herdzik, Speyer & Monte, P.C., today announces that Kimberly Jetty has joined the firm as an associate attorney. She will be working with the other members of the firm in handling the firm's litigation files as well as other general practice matters.

A current resident of Kenmore, New York, Ms. Jetty received her juris doctor in 2005 from the State University of New York at Buffalo. In addition to her J.D., Kimberly holds a Masters of Public Health and a Bachelor of Arts in Communication from the State University of New York at Buffalo.

In addition to working with the firm at its downtown office at the Main Court Building, 438 Main Street, Tenth Floor, at Lafayette Square, Kimberly will also be practicing at the firm's suburban office at 2448 Union Road in Cheektowaga.

October 7, 2009 – On September 24, 2009, Michael J. Chmiel, Esq. presented at the Buffalo Claim Association's Education Day on the topic of new developments in Medicare. The presentation, which took place at the Adam's Mark Hotel, centered on the impact of Medicare liens on personal injury litigation and the obligations that attorneys and insurance adjusters have with regard to the federal government.

August 2009 — Chelus, Herdzik, Speyer & Monte, P.C. today announces that Manik Saini and Kimberly Conidi have joined the firm as associates. They will be working with the other members of the firm in handling the firm's litigation files as well as other general practice matters. In addition to working with the firm at its downtown office at 1000 Main Court Building, 438 Main Street, at Lafayette Square, Manik and Kimberly will also be practicing at the firm's branch office at 2448 Union Road in Cheektowaga.

A resident of Williamsville, New York, Mr. Saini received his juris doctor in 2008 from the State University of New York at Buffalo Law School. In addition to his J.D., Manik also holds a Bachelor of Administrative and Commercial Studies from the University of Western Ontario in London, Canada.

Ms. Conidi is a resident of West Seneca, New York, and received her juris doctor in 2005 from the State University of New York at Buffalo Law School. In addition to her J.D., Kimberly holds a Bachelor of Arts in Political Science from the State University of New York at Buffalo. Prior to joining Chelus, Herdzik, Speyer & Monte, P.C., Ms. Conidi worked as a law clerk to Federal Magistrate Judge Leslie G. Foschio.

Mr. Saini and Ms. Conidi now join with the other associates of Chelus, Herdzik, Speyer & Monte, P.C. in serving the legal needs of the Western New York Community.