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SUMMARIES WITH TRIAL ANALYSIS

9

DEFENDANT’S VERDICT – EXCESSIVE USE OF FORCE – EX-COP SUES FOR EXCESSIVE FORCE IN ARREST DURING LANDLORD-TENANT DISPUTE – PAIN AND SUFFERING DAMAGES.

Kings County, NY

In this matter a former police officer sued for excessive force after being thrown to the ground and maced during an arrest by the New York City Police Department. After a weeklong trial the jury found for the defendant.

witness, citing her position as a former NYPD officer discharged after a felony conviction for professional misconduct.

After less than two hours of deliberation, the jury re- turned with a verdict for the defendant.

On March 16, 2007, police were called to resolve a tenant-landlord dispute in Brooklyn, New York involving the plaintiff. Due to an alleged failure to comply with officers’ orders, the plaintiff was thrown to the ground and handcuffed. She was then maced. The plaintiff sustained numerous cuts and bruises during the course of her arrest.

The plaintiff filed suit in the Supreme Court of New York, Kings County for excessive force, citing the macing and physical force used during her arrest. The plaintiff sought an unspecified amount in non- economic damages.

The plaintiff brought testimony at the week-long trial from the plaintiff, a witness and the arresting officers. The plaintiff did not dispute the arrest, only the force applied. The defendant attacked the credibility of the

REFERENCE

Crystal Spivey vs. The City of New York. Index no. 030906/2008; Judge Ellen M. Spodek, 06-02-11.

Attorney for plaintiff: Aaron Depass of Santoriella & Ditomaso, P.C. in Brooklyn, NY. Attorney for defendant: Ryan Cebolla of Michael A. Cardozo, ESQ. in New York, NY.

COMMENTARY

The testimony of the two arresting officers impeached one another, according to plaintiff’s counsel, who also argued the admission of the 23- year-old felony conviction lost the plaintiff credibility with the jury. In 1987, the former officer was convicted of official misconduct for accepting a bribe from an undercover Internal Affairs officer. That arrest was one of many in connection with the 77th Precinct scandal of 1986.

Verdicts by Category

PROFESSIONAL MALPRACTICE Ob/Gyn

DEFENDANT’S VERDICT

Medical Malpractice – Ob/Gyn – Defendant gynecologist allegedly transects anterior cervix and perforates uterine wall during cone biopsy – Plaintiff presents to subsequent emergency department with severe abdominal complaints 12 days later – Need for total abdominal hysterectomy.

New York County, NY

The 40-year-old plaintiff, who underwent a cone biopsy that was performed by the defendant ob/ gyn, contended that the defendant conducted the procedure in a negligent manner, transecting the anterior cervix, and perforating the uterine wall.

The plaintiff went to the non-party emergency room 12 days later with severe abdominal complaints and required emergency surgery.

The plaintiff presented an expert ob/gyn and the sub- poenaed testimony of the subsequent treating sur- geon who related that the plaintiff required an emergency exploratory laparotomy and total ab- dominal hysterectomy due to massive hemorrhage, peritonitis, and an abscess in the posterior cul de sac. The physician concluded that the injuries occurred during the defendant’s surgery and the plaintiff main- tained that it reflected negligent technique.

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New York Jury Verdict Review & Analysis

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