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Lack of Meritorious Claim For Workers Compensation Benefits Results In Dismissal Of Legal Malpractice Case

On August 16, 2018, Justice Pastoressa of the Suffolk County Supreme Court granted summary judgment to a law firm that had been retained to file a personal injury claim for a client that was struck by a car while crossing a public street. The personal injury claim was timely filed but no claim for workers compensation benefits was filed within one year of the accident as required by the statute of limitations. There was a question of fact as to whether the law firm had also been retained to file a claim for workers compensation benefits. However, the Court focused on whether the client would ever have succeeded on a claim for workers compensation benefits. To succeed on such a claim you must prove that you suffered an injury"arising out of and in the course of your employment."

The client had been employed as a manager of a Banana Republic store at Woodbury Common. She was struck by a car after leaving work and while walking on a public street on her way to an employee parking lot. The Court held that "where the injury that plaintiff sustained is one that any passerby or member of the public could have sustained, a work-related hazard was not present and the injury did not arise out of and in the course of employment." Thus, it was found that the risk of being struck by a car was a risk shared by all members of the general public and not specifically related to plaintiff's employment. The legal malpractice claim was dismissed. Provenzano v Cellino & Barnes, PC, 2018 WL 4112686

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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