Nicoletti, Gonson, Spinner, LLP

Maiorani v ADESA, Supreme Court, Richmond County, Index No. 011542/04

In September of 2008, in New York State Supreme Court, Richmond County, Partner Joseph Gulino engaged in a nine day trial against a team of two, sometimes three, plaintiff’s attorneys while defending a nationally known auto auction corporation. Plaintiff, a used car dealer alleged he sustained grievous, life changing injuries as a result of exposure to an electrified security fence while on the auctions company’s property. Plaintiff claimed he was thrown 20-30 feet and admitted to the hospital for electrical injuries. Besides his claim for physical injuries which included cardiac, neurological and psychiatric injuries, plaintiff sued for past and future economic losses totaling in the millions.

During the course of discovery and investigation we learned plaintiff suffered congenital problems with his heart and was on psychiatric medication at the time of the alleged incident. As to his claim for loss income, it was revealed at trial that his business had prospered since the incident; so much so, he was cited in the local newspaper as a very successful entrepreneur. Our ability to attack Plaintiff’s credibility resulted in the jury returning a defense verdict.