Defense Verdict-Supreme Court, Westchester County

Valerie Drossman and Brian Drossman v. Brian Fleming
Kathleen Mulholland successfully defended her client in a damages only trial. The matter involved a motor vehicle accident and liability was decided against our client, as a matter of law, several months before the trial date. The plaintiff, Valerie Drossman, claimed that she sustained a serious injury to her jaw requiring reconstruction with the use of a titanium apparatus. Kathleen did not dispute the nature of the injury; however, she argued that it was not related to this accident because it did not present itself for more than a year following the accident. It was plaintiff’s contention the manner in which her head and neck moved in the accident caused damage that was not readily dscernable. She further argued that this injury caused a progressive condition that resulted in the deterioration of the bones of her mouth, seriously compromising her bite and causing significant pain. The jury agreed with Kathleen’s contention and found that the injury was not a proximate cause of the accident. Thus, no damages were awarded.