Eleven-Year Litigation Concludes with Jury Deadlock and Mistrial Due to Question of Whether Plaintiff Fabricated Accident Location
Harwood Lloyd recently proceeded to trial in Bronx County Supreme Court on behalf of the firm’s client, a contractor whose work on behalf of a public utility was alleged to have left behind a sidewalk defect that allegedly caused a 67-year old grandmother of 12 to fall and sustain injuries that required multiple surgeries involving her cervical spine, lumbar spine and shoulder. Plaintiff was confronted during trial with a Notice of Claim prepared by the same attorneys who represented her at trial that had been prepared weeks after her 2013 accident that alleged a different location than the address specified in her subsequent Complaint. Twenty-one (21) days of trial proceedings ended several days before Christmas with the jury deadlocked 3-3 on the question of whether or not Plaintiff’s accident even had occurred at the location she claimed and without the jury even reaching the underlying question of defendants’ alleged negligence. .
This was the first jury trial for William H. Grae, Counsel to Harwood Lloyd, since he joined the firm in late 2024.
To corroborate her claim regarding the location of her accident, Plaintiff was allowed by the trial judge to offer testimony from a witness whose contact information had been withheld during discovery. Nonetheless, Harwood Lloyd’s Counsel was able to bring out the witness’ criminal history in Pennsylvania and other aspects of her background that raised questions about her candor. Plaintiff’s own credibility was subject to robust challenge as well. However, the favorable outcome of this trial was largely the result of the Firm’s success in negotiating a joint defense strategy with the co-defendants who were otherwise prepared to press indemnity claims against the Firm’s client.
Further proceedings have not yet been scheduled. Concessions and admissions that were obtained from Plaintiff and her witness during cross examination will be potentially admissible in future proceedings. Although this result cannot be deemed predictive of results Harwood Lloyd will obtain in future proceedings, the Firm remains prepared to devote its best efforts to finding the optimal strategies for securing favorable results for its clients.
