Mary L. Maloney is one of the firm’s senior trial attorneys. Ms. Maloney has successfully tried cases in all New York City venues (state and federal courts), primarily in construction, premises and transportation cases.
Prior to joining the firm, Ms. Maloney obtained defense verdicts in all New York City counties and in the U.S. District Courts for the Southern and Eastern Districts of New York dating back to 1990, including, but not limited to: a defense verdict in a case involving a two-car collision where a tractor/trailer was said to have changed lanes, striking the compact car in which plaintiff was a passenger, with the jury returning a verdict of 100% against the owner and operator of the compact car (Supreme Kings, J. Gerald Held); a defense verdict defeating the Labor Law section 240(1) claims in a case where plaintiff fell through a hole in a roof on a construction project (Supreme New York, J. Fern Fisher-Brandveen); a defense verdict where plaintiff fell from the back of a tractor/trailer that began pulling away from the loading dock during the unloading process (Supreme Bronx, J. Luis Gonzalez); a defense verdict where the elderly plaintiff tripped over a curb on which the yellow painting had faded in a parking lot (Supreme Queens, J. Frederick Samuels); a defense verdict where the infant plaintiff was injured when a shopping cart fell onto her and fractured her leg (U.S.D.C., S.D.N.Y., J. Louis Freeh); and a defense verdict rendered at 11 p.m. one Halloween night before J. Marilyn Diamond in a case where plaintiff tripped and fell from a scaffold on the upper roof to lower roof of a Manhattan high-rise building.
- In a matter tried before Justice Geoffrey D.S. Wright in Supreme Court, Bronx County, Ms. Maloney obtained a unanimous defense verdict on behalf of the MTA after the court had granted summary judgment to plaintiff whose vehicle was rear-ended by a paratransit van. Plaintiff claimed to have sustained bilateral cubital tunnel syndrome, right C7 radiculopathy, atrophy of the right hand, loss of dexterity of the right hand, bilateral ulnar entrapment neuropathy, necessity to undergo a bilateral cubital release and anterior transposition of the ulnar nerve, numbness and weakness to both hands, and disc herniations at C5/6 and C3/4 with restriction of range of motion. Plaintiff presented expert proof supporting all medical claims. Ms. Maloney was successful in arguing that, while plaintiff had these injuries and surgical procedure, he failed to establish causation, thus resulting in a defense verdict at trial.
- In a matter tried before Justice Mark Partnow in Supreme Court, Kings County, Ms. Maloney obtained a unanimous defense verdict on behalf of the abutting landowner where plaintiff claimed that she was stepping from a City bus and fell on a mound of snow still on the sidewalk several days after the last snowfall. Plaintiff claimed that the defendant was statutorily liable for its alleged failure to remove all snow and ice on the sidewalk. Plaintiff and her cousin testified to the condition as did the Police Department and EMS worker who responded to the scene.Plaintiff sustained a bimalleolar fracture to the right ankle, Weber C-type right fibular fracture with displaced malleolus fracture of the right ankle, and torn ligaments.
- In a matter tried before Justice Alexander Hunter in Supreme Court, Bronx County, Ms. Maloney obtained a defense verdict on behalf of the owner and managing company of an apartment building in the Bronx. The plaintiff claimed that her bedroom ceiling collapsed on her head and alleged that the defendants were negligent in allowing the ceiling to become and remain broken and dangerous; in negligently repairing the ceiling; and on the doctrine of res ipsa loquitur. The plaintiff also alleged actual and constructive notice, which Justice Hunter granted in her favor as a matter of law prior to the trial. The plaintiff and her daughter, an alleged eyewitness, testified that they made verbal complaints to the building superintendent, who also testified and stated that ceiling repairs were properly made prior to the date of loss. The injuries, which were before the jury, were herniated discs at C5-6 and at C6-7 and lumbar disc bulges. The plaintiff underwent laminectomy, discectomy, and surgical insertion of plate and screws; vertebrectomy; and cervical fusion.
- In a matter tried before Justice Valerie Brathwaite-Nelson of the Supreme Court, Queens County, Ms. Maloney obtained a defense verdict on behalf of the owner and driver of an automobile involved in a two-car collision that occurred within the intersection of 81st Avenue and Little Neck Parkway in Queens. The intersection had a traffic control signal and both drivers claimed to have had the light in their favor. The jury found 100 percent liability against the co-defendant driver and owner. Plaintiff sustained a left shoulder dislocation and comminuted and angulated fracture of the scapular blade requiring surgery.
- Following a two-week jury trial and four hours of deliberation, Ms. Maloney obtained a defense verdict for our client, U.S. Elevator, in the matter of Cobb v. County of Passaic and U.S. Elevator, in the Superior Court of the State of New Jersey, County of Passaic, before Judge Anthony J. Graziano. The verdict of “no negligence” on the part of U.S. Elevator was rendered by an eight-person jury on December 20, 2013. Plaintiff’s last settlement demand was $650,000. The offer prior to, and during, trial was $20,000. The 40-year-old male plaintiff claimed he slipped and fell on oil on the floor of the elevator shaft at the Passaic County jail while performing pest control services for his employer. His claims of the presence of oil on the floor of the shaft, which was a walk-in space, as well as his prior complaints of oil, were confirmed by trial testimony of witnesses for the Passaic County Jail. Plaintiff also claimed that U.S. Elevator violated the terms of its contract with the County by failing to leave the space in a “broom-swept condition.” The case was defended by Ms. Maloney on the grounds that the oil was a necessary by-product of the hydraulic elevator and that the elevator company was unaware of anyone but its employees entering the elevator shaft. The jury found that the elevator company was not negligent and non-suited the plaintiff. The injuries alleged by plaintiff were tears of the right meniscus for which resulted in three arthroscopic surgeries. Plaintiff’s orthopedic expert, Peter DiPaolo, M.D., testified that plaintiff required a total knee replacement, with additional replacement(s) needed as plaintiff ages, due to the 15-year life span of the artificial replacement joint. Also claimed were post-traumatic arthritis of the right knee; disc bulges and protrusion at T9-10; and an inability by plaintiff to return to work in any capacity. Plaintiff offered the expert testimony of engineer, John Posusney, P.E., who opined that U.S. Elevator violated certain OSHA and other related regulations. Ms. Maloney was able to persuade the jury that U.S. Elevator was not negligent in its maintenance of the elevators and that OSHA regulations were not violated. Defendants relied on the testimony of orthopedist Mark Berman, M.D., who confirmed the necessity of the first surgery based on his review of the films, but opined that the second and third surgery were unnecessary and that a total knee replacement is not indicated.