Partner Patrick O’Haire Whitford Obtains Directed Verdict On Trial In Queens Civil Court.

Partner Patrick Whitford obtained a directed verdict in a property damage action in Queens. The plaintiff sought damages when she claimed that work by our client disconnected her from a sewer line connection. Our client was servicing the wastewater pipe of an adjoining property owner. Although she was warned to bring an attorney and witnesses to support her allegations, she appeared pro se and without any supporting proof.    

Patrick was able to object to each allegation that the plaintiff made during her opening and the presentation of direct evidence, successfully obtaining rulings excluding her testimony as either hearsay or lack of foundation.  At the close of the plaintiff’s case, Patrick’s motion for a directed verdict was granted and the plaintiff’s case was dismissed in its entirety.  Had it not been dismissed, three witnesses were prepared to testify that all of the plaintiff’s allegations were without foundation and contradicted by the documentary evidence in the possession of the NYC DEP and the consulting Arborist.

Patrick Whitford Obtains an Early Discontinuance in Labor Law Case

Attorney Patrick O'Haire Whitford obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff allegedly sustained serious injuries from a defective/dangerous piece of machinery.

The plaintiff’s alleged accident occurred as part of her work at a “project within a project”, where our client was the construction manager of a larger building renovation project, but the plaintiff was working on a separate, smaller restaurant renovation project, also taking place at the same location and time. It turned out that the plaintiff was under the supervision and control of a separate general contractor hired by the common owner/co-defendant. Even though our client was misidentified as having been involved in the work which allegedly caused plaintiff’s injuries, Patrick exchanged an affidavit to the other parties showing that our client did not belong in the case.  After reviewing the affidavit, the plaintiff and co-defendants agreed to a voluntary discontinuance in favor of our client.  The result was substantial time and cost savings for our client. In this matter the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution.