NY Trial Defense of Alcohol Withdrawl Fails
Interesting defense tactics to attribute signs, symptoms and consequences of brain injury to drug or alcohol use and abuse, are often encountered. Here is one such story.
A jury has awarded $13 million to a New York transit worker who fell 30 feet from a platform while repairing rail on an elevated track.
Although the city tried to argue that the plaintiff should have been hooked to a safety line, he won summary judgment on liability and the trial was on damages only, said Lawrence Biondi of Lawrence P. Biondi Law Firm in White Plains, N.Y., who represented the plaintiff.
At trial, the city also argued that evidence of brain damage was attributed to the plaintiffs' history of drug and alcohol abuse.
But Biondi said this strategy rang hollow with the jury.
"They went heavy on that. Every witness got on the stand and the whole trial was drugs and alcohol, but I think it backfired," said Biondi.
The defense attorney, Joseph F. Sullivan of Sullivan & Brill in New York, N.Y., did not return a call to his office seeking comment.
Read the full article at Sylvia Hsieh. "Supreme Court of New York awards transit worker $13M for fall from platform." Lawyers USA. Dolan Media Company MN. 2009.
