TWO HUNDRED AND THIRTEEN DEFENSE VERDICTS SINCE JANUARY 2013
Beirne Associates is proud to have performed the trial preparation in the successful defense of 213 different cases in various venues throughout the metropolitan area. Winning 213 cases requires a great deal of team work, prowess, coordination with expert witnesses, locating clients to ensure their appearance in court, and working closely with defense counsel.
THIRD PARTY DEFENDANT SERVED IN CRIMINAL COURT
Our office was asked to effect personal service on a third party defendant. The addresses listed, including the DMV record, were outdated. Our efforts showed that the defendant had an upcoming court date regarding a criminal charge. Our process server met the defendant outside the court and served him personally.
Plaintiff stated in his EBT that he was unemployed. However, he lived in a doorman building and supported his girlfriend and their young son. Sensing something unusual, we ran a criminal background search. Not only did plaintiff have an extensive criminal history, he was presently incarcerated, awaiting trial on a murder charge. Armed with this information, defense counsel was able to settle the case for a nominal amount.
Because cases can sometimes stretch on for years, locating the client can be difficult. Generally, we are able to locate the client locally. However, while doing the trial preparation on several cases our office has been able to locate insured clients abroad and arrange for their return to New York to testify.
UNCOVERING PLAINTIFF'S PRIOR LAWSUITS
The plaintiff denied under oath that he had been involved in any prior personal injury lawsuits. Our efforts turned up evidence of three prior lawsuits. When confronted with this information the plaintiff insisted that those cases involved his son, who bore the same name. Unfortunately, the court files for the three cases contained very little in the way of identifying information.
We initially were unable to find any record of the plaintiff's son, but we did find a record of his ex-wife and met with her. We discovered that she does in fact have a son, but he was not even born when the prior lawsuits were filed.
We then located the defense attorney who had handled one of the prior suits. He agreed to retrieve his file from storage and allowed us to copy it. Both the Bill of Particulars and EBT transcript proved that the case involved the same plaintiff, with matches on date of birth and Social Security Number. In the EBT transcript the plaintiff mentioned his role in the two prior lawsuits.
When presented with the indisputable evidence that plaintiff had lied about the prior lawsuits, his attorney withdrew from the case. The plaintiff was unable to find a new attorney and the case was ultimately dismissed.
FILMING PLAINTIFF IN HEAVY METAL BAND
The plaintiff was claiming significant, life altering injuries. Our trial preparation showed that plaintiff was the lead singer in a heavy metal band. Under the pretense of filming local music acts for a public access program, our adjuster was able to film plaintiff performing live at a night club. His animated performance painted a drastically different picture from what his attorney alleged in the pleadings.
LOCATING A WITNESS IN ISRAEL
We were asked to subpoena a police officer for a deposition. We learned that the officer was no longer with the department and that no forwarding information was available. However, we were able to reach out to his father-in-law, a community leader. He informed us that the police officer had moved to Israel, but provided us with his contact information. Within 24 hours, the officer agreed to be deposed via Skype.
DEFENDANT'S VERDICT AFTER JURY SELECTION ASSIGNMENT
After trial counsel was unexpectedly sent out on a case, we were tasked with locating our insured during jury selection. We were able to locate him within hours, secure his cooperation, and deliver him to the court house in time for trial. The testifying expert witnesses were scheduled in an equally expeditious manner. Lastly, we were able to bring in crucial films, despite the MRI facility being out of business. These efforts played a part in a very satisfying defendant's verdict.