Congratulations to Nicholas M. Rossi for securing a favorable outcome for the clients via dismissal of the Plaintiff’s complaint in its entirety.
Our clients were sued for $20,000,000 in a civil lawsuit regarding the accidental discharge of a weapon wherein a young man was tragically killed. It was alleged that the homeowners where the accidental shooting occurred were negligent and that their negligence was a proximate cause of the death of the Plaintiff’s decedent.
Our firm undertook extensive discovery regarding the circumstances of the incident, including depositions of multiple witnesses. Mr. Rossi also engaged in exhaustive research of the duty of care, the negligence standard, and issues regarding causation.
In doing so, we built an irrefutable record showing there were no genuine issues of material fact. Our team cited specific case law showing that even if the plaintiff’s version of events was true, they were not entitled to a legal remedy. Supreme Court granted our Motion for Summary Judgment in its entirety and dismissed Plaintiff’s complaint, thereby sparing the clients the time, expense, and emotional toll of a trial.
First, Supreme Court found our clients did not owe the decedent a duty of care under the facts of this case. Second, the Court found that our clients were not negligent in the ownership and storage of their handguns. Finally, the Court found that the illegal actions of the co-defendant severed any causal connection between the actions of the client, assuming they had been negligent (which they were not) and the tragic death of the decedent.
If you are facing complex or high stakes litigation, contact our experienced defense team at: 716.854.1744 for a consultation.
Please note that past results do not guarantee future outcomes.
