Gallo Vitucci Klar LLP is continuing its growth and expansion looking for 5 junior to mid-level associates in the following offices and practice areas:
- Associate with a minimum 5-7 years’ experience in the area of commercial transportation. A demonstrated history of handling a full transportation caseload required. Located in our Long Island office.
- Junior level transportation and general liability associate to work in our Hackensack, NJ office. NY & NJ admission preferable.
- Mid-level litigation associate with experience specializing in commercial transportation and high exposure cases to work in our Hackensack, NJ office. Admitted in NY & NJ.
- Litigation associate with experience in general liability, dram shop and labor law cases to work in our Long Island office or Westchester office. Admitted in NY.
- Junior/mid-level associate with experience in premises liability and labor law looking to expand into other niche areas including life sciences, to work in our Westchester office. Admitted in NY.
- Junior level litigation associate experienced in general liability defense, including premises liability. Able to attend depositions, court appearances, draft discovery, motions and report to clients. Located in either our Hackensack, NJ, Westchester or Long Island offices. Admitted in NY.
If you would like to join our team, please send a cover letter, resume, and writing sample to gvkcareers@gvlaw.com. If your credentials and interests appear appropriate for an open position, you will be contacted.
As head of GVK’s Maritime and Admiralty Practice Group; Lieutenant Commander Richard González, provides a unique ethos of realistic, well-rounded legal advice to insurers and insureds alike in the successful defense of all admiralty matters. Prior Lead Marine Investigator for US Coast Guard Richard’s rare combination of US Coast Guard Investigator and attorney ensures the very best defense for our clients from the moment GVK’s Maritime Emergency Response Team (MERT) arrives on the scene of a vessel casualty. Prior to joining the firm, Commander González served as lead marine investigator for the U.S. Coast Guard in New York and New Jersey, where he handled multiple high profile maritime accidents, casualties, and environmental pollution/crimes, including vessel groundings and collisions.
For more information about Richard’s experience and qualifications click here.
On May 4, 2017, Kenneth S. Merber obtained a defense verdict in a New York Labor Law/Premises Liability case brought against an automotive garage after a 4-day trial in the Supreme Court of the State of New York, County of Westchester.
The case was tried before The Hon. David F. Everett. The plaintiff alleged that the firm’s client was negligent and violated New York’s Labor Law claiming the work site was inadequately constructed, equipped, arranged, operated and conducted. Plaintiff further claimed defendants failed to provide him with adequate protection and negligently instructed his employees creating the allegedly perilous conditions that caused the accident.
During the trial, Mr. Merber successfully sought a ruling precluding Plaintiff’s liability expert based upon his arguments that the opinions lacked general acceptance under the United States Supreme Court decision of Frye v. U.S. and procedural defects in Plaintiff’s expert disclosure served pursuant to New York’s Court’s Rules. Plaintiff alleged that he sustained catastrophic permanent injuries including a traumatic brain injury, post-concussion syndrome, dysautonomia and neurologic dysfunction as a result of a work place accident in which he struck his head. Plaintiff continuously treated for his claimed injuries from the time of his accident in 2012 through the date of the verdict almost 5 years later. He claimed more than $200,000 in medical expenses and sought a 7-figure recovery.
Gallo Vitucci Klar LLP is proud to announce that Heather Ragone has been named one out of only three Transportation and Maritime attorneys in the New York Metro area, selected to the 2016 Top Women Super Lawyer list. This is an exclusive list, recognizing no more than five percent of attorneys in the state. Super Lawyers is a research driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
For more information about Heather’s achievement click here.
In a matter tried before Judge Arlene Bluth of the Supreme Court, New York County, Mr. Vitucci obtained a defense verdict on behalf of a driver and bus company against claims brought by a commercial truck driver, that at the time of the accident, was parked near the intersection of 55th and 11th Avenue in New York City. The case was disputed on both liability and damages. In view of the complicated damages picture, including several prior accidents which resulted in injuries to various body parts and the possibility of a very lengthy trial, the Court presented the option to bifurcate the trial. The parties agreed and the case proceeded to trial on liability only. Plaintiff’s pretrial settlement demand was $450,000. Plaintiff claimed injuries to his shoulder, neck and back and underwent surgery.
The matter arose from an accident that occurred on June 1, 2011 at the intersection of 11th Avenue and 55th Street in Manhattan. Defendant bus driver had dropped off student passengers for a day trip in Manhattan prior to the accident. On his way to pick up the passengers, proceeding southbound in the right-hand lane past plaintiff’s parked truck, the right rear of the defendant’s bus made contact with plaintiff’s driver’s side door.
It was the testimony of plaintiff that upon parking his vehicle, he had opened his driver side door of his truck to obtain a glove. He further testified that prior to opening the door, he had looked towards the southbound traffic coming towards him to make sure that conditions were safe. It was further the testimony of plaintiff that the door had been opened for roughly 45 seconds before the right rear of defendant’s bus, which was proceeding southbound, made contact to plaintiff’s door. Plaintiff had testified that he had looked for oncoming traffic before opening the door and at that time, did not see our client’s bus on the roadway.
Upon cross-examination during trial, plaintiff admitted that opening a door into traffic on the roadway was unsafe. He also admitted that the rules applicable to commercial drivers specifically prohibited opening the door of a truck into the traveled portion of the roadway when it was not safe to do so and that such conduct, if it occurred, was in fact a violation of the New York State Vehicle and Traffic Law. Following a 10-minute deliberation, the jury issued a verdict in favor of the defense.
Woodbury, Long Island – Gallo Vitucci Klar LLP is pleased to announce the opening of its Long Island office located at 100 Crossways Park West, Woodbury, New York. Adding to GVK’s current offices located in New York, New Jersey and Westchester, this is the firm’s 4th office location. The new office in Long Island comprises of approximately 8,000 square feet of modern office space and is headed by Senior Partner, Matthew J. Vitucci. This new office will accommodate the needs of Gallo Vitucci Klar’s rapidly growing clientele and expanding roster of attorneys on Long Island and throughout Queens. As we continue to expand our roots in New York and New Jersey, we continue to provide our clients with the experience, skill, and creative approach they have come to expect from Gallo Vitucci Klar LLP.
Since it’s opening in late August, Mr. Vitucci has been joined by 11 attorneys and counting. The opening of a Long Island office is part of the firm’s long term strategic growth plan to maximize coverage of the tri-state area by staffing its offices with the most accomplished attorneys in close proximity to their clients, their matters and the Courts.
In the past 5 years alone, Gallo Vitucci Klar has doubled in size and locations, from 30 attorneys in 2 offices to now over 60 attorneys located in 4 different offices across New York and New Jersey. We are excited for this continued growth and the firm is looking forward to the future. We thank our clients for their continued and unwavering support throughout the years and look forward to many more years of growth together.
On September 16, 2016, after a two week trial in the Supreme Court of the State of New York, Westchester County, Kenneth Merber obtained a defense verdict on behalf of an international property owner/property management company and one of the largest maintenance companies in the United States. The case involved an alleged slip and fall accident. The plaintiff was a 42 year old man who was employed by a tenant of the building. He fell shortly after a cleaning woman mopped the floor of an employee break room. The claimant alleged that the defendants created a dangerous and defective condition and failed to provide adequate warnings. Defendants denied liability for the accident. Plaintiff alleged that he sustained numerous injuries including lower extremity fractures, tendon and ligament tears, Reflex Sympathetic Dystrophy (RSD)/ Complex Regional Pain Syndrome (CRPS) and acute and chronic injuries in his lumbar spine. Plaintiff claimed that he is completely disabled and unemployable. He has been actively treating for his medical conditions and currently ambulates with a cane and a CAM boot when not in a wheelchair. Plaintiff and his physician testified that Plaintiff has sought an amputation of his affected limb to limit or end his pain. Plaintiff’s settlement demand at the commencement of the trial was $10 million. The demand was reduced to $3 million during the trial but never lower. The jury returned a unanimous defense verdict in favor of Mr. Merber’s clients in less than 30 minutes.
Gallo Vitucci Klar is excited to announce that our partner, Kenneth J. Merber, is scheduled to compete in this year’s “Chopped for CHOP” event organized by Magna Legal Services at the Borgata Hotel Casino & Spa on November 9th & 10th. Kenneth will compete with other trial attorneys to win up to $10,000 in donations made in Gallo Vitucci Klar’s name to The Children’s Hospital of Pennsylvania. Click here for more information.
New Jersey’s highest court issues important insurance coverage decision in Cypress Point Condominium Association Inc. v. Adria Towers LLC, Case Number 076348, affirming that a CGL policy provides coverage for consequential damages resulting from a subcontractor’s defective construction work.
On August 4, 2016, the New Jersey Supreme Court affirmed that a Commercial General Liability (CGL) policy covers damages resulting from defective construction work performed by a subcontractor. The New Jersey Supreme Court held that the lower court misapplied the leading New Jersey decision on this issue, Weedo v. Stone-E-Brick, 81 N.J. 233 (1979), where the lower court held that a CGL policy does not cover consequential damages resulting from defective construction work performed by a subcontractor.
The Cypress Point lawsuit arises out of the construction of the Cypress Point condominium complex in Hoboken, New Jersey. Adria Towers, LLC, the construction project developer and general contractor, hired various subcontractors to perform the construction work. Adria Towers, LLC procured four CGL policies with standard CGL language, providing coverage for “those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ . . . caused by an ‘occurrence’ that takes place in the ‘coverage territory’ . . . [and] . . . occurs during the policy period.”
The term “property damage” was defined by the policies as including “physical injury to tangible property including all resulting loss of use of that property.” An “occurrence” was defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” The policies contained an exclusion for “Damage to Your Work,” which excludes coverage for “property damage” to “your work” arising out of it or any part of it and included in the ‘products-completed operations hazard.'” An exception to the Damage to Your Work exclusion provided that it does not apply if the damaged work or the work out of which the damage arises was performed on the insured’s behalf by a subcontractor.
Following the construction of the condominium complex, residents complained of roof leaks and water infiltration in their apartments and in common areas due to rain. Cypress Point filed a lawsuit against Adria Towers, LLC and its subcontractors, alleging defective work and claiming consequential damages. The trial court held that pursuant to the Supreme Court’s holding in Weedo, no coverage was afforded to Cypress Point under its CGL policies for consequential damages. The Appellate Division reversed, holding that consequential damages caused by the subcontractors’ defective work constitutes “property damage,” because it is “physical injury to tangible property.” In addition, rain seeping into the complex as a result of the defective construction work constitutes an “accidental occurrence” as defined by the policies since it is an unexpected or unintended “continuous or repeated exposure to substantially the same general harmful conditions.” Furthermore, the Damage to Your Work exception to the exclusion for work performed by subcontractors applied. The Appellate Division noted that the lower court misapplied Weedo because: 1) Weedo involved replacement costs, not consequential damages; and 2) the policy at issue in Weedo did not include the subcontractor exception to the Damage to Your Work exclusion.
The New Jersey Supreme Court affirmed the Appellate Division’s decision, holding that consequential damages resulting from the rain infiltration constitutes property damage as defined by Adria Towers’ CGL policies. Additionally, the court held that an “accidental” occurrence includes unintended and unexpected harm caused by negligent conduct. Furthermore, the court held that the subcontractor exception to the Damage to Your Work exclusion applied. It should be noted that the Cypress Point decision did not reverse the holding in Weedo that replacement costs are not covered under a CGL policy.
The Cypress Point decision follows a recent trend in other jurisdictions which have recognized the misapplication of Weedo, affirming that consequential damages from a subcontractor’s defective work is covered by a CGL policy. As a result of this decision, insurers should be made aware of the potential exposure presented to them for liability for damages due to a subcontractor’s faulty or defective work.
Gallo Vitucci Klar is pleased to announce the addition of three new partners to the firm. Bryan Schwartz, Andrea Silk and Robyn Silvestri, were previously partners at the Manhattan office of Lewis Brisbois Bisgaard & Smith LLP.
Bryan has over 15 years of experience defending transportation and complex litigation matters and primarily focuses on cases involving tractor trailers, heavy trucks, busses, ambulances and paratransit vehicles. He is a member of the Gallo Vitucci Klar’s National Emergency Response Team. He has responded to over 450 serious accidents to ensure that the client is fully protected from the moment an accident occurs. Bryan will continue to focus his practice in transportation related matters in both State and Federal Courts. Bryan can be contacted at bschwartz@gvlaw.com.
Andrea focuses on general liability, as well as the wind down of run off programs and large scale settlement projects. Andrea has reviewed, monitored and provided her clients with action plans for over 12,000 claims. She provides clients with a more cost effective way to manage large books of business by expanding on the traditional attorney – client relationship by acting as an extension of the client rather than just defense counsel. She advises clients on issues including adequate loss and expense reserves, loss analysis, cost effective litigation management and the implementation of proven resolution techniques from the inception of the claim. Andrea’s general liability practice focuses on premises cases, hospitality, dram shop litigation, automobile defense, subrogation and property damage. Andrea can be contacted at asilk@gvlaw.com.
Robyn focuses on insurance coverage and bad faith claims. She represents insurers in declaratory judgment actions arising out of insurance coverage disputes in State and Federal Court. She also prepares written opinions on coverage issues arising under commercial general liability, professional liability, directors and officers liability, and excess and umbrella insurance policies. She analyzes insurance tender issues faced by insurers and provides responses to tenders on behalf of insurers. Insurers often ask Robyn for guidance on trending and developing insurance coverage issues. Robyn also regularly defends general tort liability claims in State and Federal Court, including premises liability, Labor Law, Dram Shop, and automobile liability claims. Robyn can be contacted at rsilvestri@gvlaw.com.
We are fortunate to have three super talented, well-respected lawyers joining GVK. Bryan, Andrea and Robyn strengthen GVK’s ability to continue to provide our clients with the highest level of legal services. With these latest additions, GVK continues its growth to 60 attorneys amongst four offices located in New York City, New Jersey, Westchester and Long Island (opening in September 2016).
