Thomas M. Bona, P.C.

Attorneys At Law

James C. Miller


Brooklyn Law School, Brooklyn, New York

      J.D., June 1984

Busa v. Costco    

Busa v. Costco

 

Defense Verdict New York County Supreme Court

 

This was a slip and fall by deliveryman on ice in parking lot. Plaintiff underwent a shoulder replacement, cervical discectomy at two levels. The plaintiff's demand was $2 million - The jury returned a defense verdict.

 

Scordo v. Costco

 

Defense Verdict Westchester County Supreme Court

 

This case involved a motor vehicle accident due to loss of wheel. Plaintiff claimed a wheel was improperly installed at Costco's tire center. Plaintiff suffered a concussion, traumatic brain injury, fractured tooth, TMJ requiring surgery, multiple cervical and lumbar disc bulges requiring implantation of nerve stimulator.   Plaintiff's demand was $3 million - The jury returned a defense verdict.

 

McNally v. Saban

 

Summary Judgment Granted by Appellate Division

 

Plaintiff, a tenant, fell down a stairway in our insured's premises. He claimed that the lack of a handrail was a proximate cause of his fall. We presented evidence that his blood alcohol level, even hours after his fall, was above the legal limit. The court found that plaintiff's intoxication and not the lack of a handrail was the proximate cause of plaintiff's fall. The plaintiff suffered a skull fracture with intracranial hemorrhage requiring craniotomy and resulting in seizures and dementia, and permanent institutionalization. On appeal First Dep't reversed lower court and granted summary judgment.