December 3, 2021

DSB was successful in obtaining dismissal of all claims against a Long Island municipality in a lawsuit filed by one of its employees arising out of a motor vehicle accident.  Plaintiff sustained life-altering injuries when his vehicle crashed into a chain-link fence and the metal pole attached to it impaled his face and severed his jaw, among other injuries.  The municipality owned and maintained the fence.  At the outset of the litigation, before any fact or expert discovery had been conducted, DSB affirmatively established to the plaintiff and co-defendants – through the interplay of various complex statutes and case law — that the municipality did not bear liability for the accident or the employee’s injuries.  As such, the claims and cross-claims were dismissed with prejudice against the municipality, thereby successfully avoiding the municipality from engaging in motion practice and a protracted litigation.

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