A New York jury has awarded nearly $100,000 to a plaintiff who alleged that he was injured by a chainsaw.
Facts and Allegations
Julio Rosas asserted that he was injured by a chainsaw being used by his cousin's husband, Luis Colon.
Mr. Rosas sued Mr. Colon, alleging that one of his hands was holding a log to secure it and that his other hand was resting on a tree stump on which the log was situated. He claimed that the accident was a result of Mr. Colon's improper use of the chainsaw.
Mr. Rosas also claimed that his cousin had asked him to assist Mr. Colon, but Mr. Colon asserted that Mr. Rosas' help has not been requested.
Mr. Colon claimed that he had asked Mr. Rosas to leave the area but that, after initially complying, he returned and grabbed and lifted the log. Mr. Colon claimed that Mr. Rosas' actions prevented him from properly controlling the chainsaw.
Result
The jury found that the parties shared liability for the accident. It assigned Mr. Colon 70 percent of the liability, and Mr. Rosas 30 percent of the liability.
The jury determined that Mr. Rosas' damages totaled $140,227.44, but the comparative-negligence reduction produced a net recovery of $98,159.21.
The case is Rosas v. Colon, No. 1274/15 (N.Y. Sup. Ct. Chautauqua Co. Oct. 24, 2019). Attorneys involved include: John T. Ryan; Campbell & Associates; for Julio Rosas; Michael J. Kanaley Jr.; for Julio Rosas; Jeffrey F. Baase; Rupp Baase Pfalzgraf Cunningham LLC; Buffalo, NY for Luis Colon.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's and defense counsel.
See the full detailed report from our ALM partner, VerdictSearch.com.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].