Gordon Rees Scully Mansukhani Westchester Managing Partner Donald Derrico and Senior Counsel Tristan Smith, with the contributions of Partner Julia Braun through pretrial discovery and depositions, achieved a defense verdict in Nassau County Supreme Court on behalf of a private school in Long Island, New York.
The case, filed under a law that would temporarily revive the statute of limitations for certain negligence claims, involved allegations of misconduct by a teacher. The plaintiff, now 30, claimed that misconduct occurred during her time as a high school student. Braun's thorough deposition work and Smith's discovery efforts led to a significant reduction in the claims against the school through a motion for summary judgment.
During the nine-day trial, the defense focused on demonstrating that the plaintiff’s allegations did not meet the criteria required by the law, and as a result, the claims were barred by the statute of limitations. Key elements of the defense included using the plaintiff's records and testimonies from school administration witnesses to establish the absence of evidence supporting the claims.
Despite attempts by the plaintiff’s counsel to introduce prejudicial evidence and seek a mistrial, the jury deliberated for over four hours, ultimately finding in favor of the defense and concluding that the plaintiff had not substantiated her claims. The plaintiff had demanded $1.25 million to settle the case. No settlement offer was extended.