General Liability

 

 

 

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Martin Clearwater & Bell LLP has developed a strong presence among firms defending and supervising the defense of general liability and personal injury claims. This practice area benefits from our trial attorneys’ medical knowledge and access to superior medical experts. It has expanded to cover the defense of cases where the damages exposure is severe and the client has real exposure beyond its insurance coverage.

 

The Firm has successfully defended such diverse claims as lead paint exposure, fire losses and injuries, toxic chemical exposure, civil murder, rape, apartment assault and security matters, slip and fall cases, construction accident, nuisance, workers’ compensation, job-related injuries, false arrest, defamation, motor vehicle accident and trucking claims, watercraft accidents, elevator liability cases, security officer liability cases, highway design claims, and residential scalding claims at the trial and appellate level.

 

In addition, the Firm has supervised the defense of general liability claims by counsel for insured entities, to protect the client’s uninsured interests. MCB also has signifi cant experience representing State agencies, cities and various counties, towns and villages throughout New York in diverse issues. The Firm has defended school boards and police departments against allegations such  as false imprisonment and failure to supervise and has documented experience defending volumes of municipal disability claims in a cost-effective and responsive manner.

 

MCB attorneys have handled matters involving workplace issues and Title VII claims, such as claims of malicious prosecution, defamation, wrongful termination, wrongful condemnation, racial and sexual discrimination, ADA, age discrimination, environmental and construction issues on behalf of municipal entities before state and federal trial and appellate courts.

 

The Firm’s representation has also included administrative hearings, zoning and land use proceedings and labor disputes. In issues involving zoning board and planning board decisions, the Firm has assisted municipalities and local governments in issues such as the denial of a special use permit, area variance and use variance, and the interpretation of local zoning laws.

 

MCB’s experience in the premises liability area includes assumption of risk, security and assaults, the rights and duties of absentee landlords, loss of use, flooding damage, recurrent conditions, indemnity provisions of leases, and issues of third-party beneficiaries.

 

 

MCB Result: Defense Verdict

 

In a ceiling collapse case in Bronx County, it was clear that the accident had occurred but less clear what relationship the accident had to the plaintiff’s chronic head and neck pain. MCB argued that the disability preceded the accident and was related to a complex disorder involving cerebral aneurysms and migraine headaches. Although the jury found negligence on the part of the managing agent, the jurors agreed with the defense that the negligence was not a cause of the injuries and awarded no damages.

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