Kevin Loftus Obtains No Cause Verdict

in Liability-Only Trial

August 2008 — Associate, Kevin Loftus, received a no cause jury verdict following a trial in front of the Honorable Patrick NeMoyer.  The trial, which was bifurcated, involved a motor vehicle accident which occurred on Brunswick Avenue in Buffalo, New York. The defendant, Elizabeth Kelly, impacted the plaintiff’s vehicle, after the plaintiff negligently backed out of her driveway. The plaintiff alleged numerous acts of negligence against Elizabeth Kelly and blamed her for causing the accident.  Mr. Loftus convinced the jury that the defendant Kelly always had the right-of-way and that the plaintiff violated at least three separate Vehicle and Traffic Law sections. 

Following a brief deliberation, the jury returned a verdict of no cause of action against in favor of the defendant, Elizabeth Kelly.

Michael F. Chelus and Michael M. Chelus Successful on Appeal

July 2008 — Michael F. Chelus and Michael M. Chelus won a very significant victory at the Appellate Division, Fourth Department in a wrongful death action against our client DHL and others.

37-year old Claudia Carlson died in an accident and was survived by her husband and three children under the age of 10.  The driver of a truck for a company which had a Franchise Agreement with DHL crossed over the center line and struck Mrs. Carlson. The driver of the vehicle was not on a delivery.  He had been on his lunch break and was using a company truck to help his son who had been in an accident.

We made a motion for summary judgment on the independent contractor theory and the respondeat superior theory.

The lower Court denied our motion for summary judgment.

The Appellate Division denied a stay of the trial.

The jury rendered a verdict of $20,000,000.00.

The lower Court denied our post verdict motion.

The Appellate Division ruled as a matter of law in favor of DHL on the respondeat superior theory dismissing the complaint against DHL and otherwise reducing the verdict to $7,700,000.00.

Lion Art Herdzik is presented the Lions' Robert J. Uplinger Distinguished Service Award by Lancaster Lions President Mike Lawkowski

July 2008 — The New York State and Bermuda Lions Foundation recently awarded "Lion" Art Herdzik the prestigious Robert J. Uplinger Distinguished Service Award in recognition of Art's service to the community.

The award was presented at the June 17, 2008 installation dinner of the Lancaster Lions. It was accompanied by certificates of recognition presented by New York State, Town of Lancaster and Village of Lancaster elected officials.

Art has been a member of the Lancaster, New York Lions Club for over 25 years. He has served the club in a number of capacities, including President and Chairman of the Board. For the last 8 years, he has served as club treasurer.

 

Chmiel Gives Lecture on Medicare Secondary Payer Statute

June 2008 — Associate Michael J. Chmiel spoke on the impact of Medicare liens on insurance defense litigation before the Defense Trial Lawyers Association.

Additionally, Chmiel provided information as to the newly enacted Medicare, Medicaid and SCHIP Extension Act of 2007, which goes into effect on July 1, 2009. This legislation presents new reporting requirements for insurance carriers in situations where Medicare may have made a conditional payment to the claimant that should have been covered by a primary source, such as no-fault or worker's compensation.

For more information on this topic, or for a copy of the handout that accompanied the lecture, please contact Michael J. Chmiel at
716-852-3600 ext. 207, or by email at mchmiel@cheluslaw.com.

Tara S. Evans is New Associate with the Firm of Chelus, Herdzik, Speyer & Monte, P.C.

June 2008 — Chelus, Herdzik, Speyer & Monte, P.C., today announces that Tara Evans has joined the firm as an associate. 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.  In addition to working with the firm at its downtown office at the Main Court Building, at Lafayette Square, 438 Main Street, Tenth Floor, Tara will also be practicing at the firm's branch office at 2448 Union Road in Cheektowaga.

A resident of Buffalo, New York, Ms. Evans received her juris doctor in 2008 from the State University of New York at Buffalo.  In addition to her J.D., Tara also holds a B.A. in Psychology from the State University of New York at Buffalo.  Ms. Evans has co-authored informational articles and has worked as a probation officer and adult protection caseworker.

Ms. Evans joins with the other associates of Chelus, Herdzik, Speyer & Monte, P.C. in serving the legal needs of the Western New York Community.

Thomas P. Kawalec Successful in Having a Judgment Affirmed on Behalf of Cincinnati Insurance Company

May 2008 — In a recent decision in Cincinnati Insurance Companies v. Sirius America Insurance Company, 2008 WL 1914952 (4^th Dept., May 2, 2008), the Fourth Department modified the lower court's judgment in favor of Cincinnati Insurance Companies.  However, despite the modification, Sirius America Insurance Company has now the obligation, as a primary insured, to defend and indemnify the Cincinnati insureds.  Sirius America Insurance Company is also obligated to reimburse Cincinnati Insurance Companies for all of its expenses in defending its insureds in the underlying personal injury action. 

If you would like a copy of the Appellate Division's decision or Judge Devlin's written decision, please contact Tom Kawalec at TKawalec@cheluslaw.com or at 716-852-3600, extension 205.

 

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Philipps Elected As President Of Local Bar Association

John N. Philipps, Jr., partner, has been elected to the position of President of the Lockport Bar Association for the 2007-2008 term.  Mr. Philipps had previously served as Vice President of the organization.

 

 

Art Herdzik Selected As
"New York Super Lawyer"

 

Law and Politics, publisher of New York Super Lawyers Magazine, has announced that upon completion of a peer review process, Art Herdzik is one of 15 lawyers included within its 2007 list of "New York Super Lawyers-Upstate Edition" for "personal injury defense- general ". More on the peer selection process can be learned by visiting www.superlawyers.com.