SUCCESS, EXPERIENCE, COMMUNITY
Currently the firm is in the process of perfecting a number of appeals to be heard in the Second Circuit Court of Appeals for the Second District and the Appellate Division Second Department.
The issues on appeal are:
In the Second Circuit the reasonableness under the Fourth Amendment of the United States Constitution of a stop of a group of motorcyclists traveling on the Sprain Brook Parkway at night by the use of a roadblock resulting in a fatal crash. The Plaintiff's claiming that the use of a roadblock to stop them at night on the parkway and thereby causing a fatal collision was the use of excessive force prohibited by the Fourth Amendment.
The principle of law at issue is whether the use of force was justified to effect a stop to inquiry as to whether the deceased motorcyclist was speeding. The case had been previously reviewed by the Second Circuit and returns on an appeal after a jury verdict.
Another case of interest on appeal presently being handled by he firm is a case involving whether an automobile policy issued to our client by an insurer covers the injuries caused to our client when he was struck and run over by a truck being used in his business and where the business legally was exempt from carrying Workers Compensation coverage. Our client received an award of over a million dollars for his injuries which include a condition known as Reflex Sympathetic Dystrophy or Regional Complex Pain Syndrome. The appeal seeks to have our client's insurer pay the loss.
Another case on appeal is whether a municipality can be held liable in a proprietary capacity and therefore amendable to suit for operating a parking lot for a fee.
The law firm of Grace & Grace will continue to update this page with the current issues being handled by our firm with the purpose of providing our clients with a sampling of the matters we handle and with a view toward engaging you the reader in dialogue on topics of interest. Look for future posts not just on the law but on issues of medical treatment and injury evaluations.