Donna Pascucci Day and Niall Harding secured a unanimous defense verdict in the Civil Court of Queens County, New York after a two-week trial. The case was a hybrid premises liability/professional malpractice matter, where it was claimed that our client, a home health aide, negligently steered the wheelchair of an elderly woman in her care into a sidewalk defect, propelling her out of her chair and onto the sidewalk. We also defended the home health aide’s employer against allegations of negligent hiring, retention, and training. It was the defense’s contention that the plaintiff’s decedent was seat belted in her wheelchair at the time the wheelchair encountered the sidewalk defect and that no fall occurred. With the help of MMP&S’s entire healthcare team, Donna and Niall were able to convince the jury that the accident never occurred and was an ill-motivated fabrication.

Practice Areas:
Healthcare & Medical
General & Product Liability