FKB's Mike Furman and Evon Idahosa obtain unanimous defense verdict in a legal malpractice action filed in Kings County Supreme Court against an NYC personal injury law firm. 7/27/2011

FKB's A. Michael Furman and R. Evon Idahosa obtained a unanimous defense verdict in a legal malpractice action following a jury trial in Kings County Supreme Court before Justice Larry Martin. FKB's client, a New York City personal injury law firm, were retained to represent the plaintiff in an underlying construction accident/labor law action. The plaintiff claimed that he fell down an elevator shaft (four stories) and sustained numerous physical injuries. The plaintiff also claimed that as a result of the construction accident, he developed certain psychiatric conditions, for which he was hospitalized, and received substantial treatment. In the underlying construction accident/labor law action, FKB's client did not allege psychiatric injuries in the Bill of Particulars. Instead, FKB's client entered into a stipulation precluding discovery of the plaintiff’s psychiatric medical records.

After the underlying construction accident/labor law action was placed on the trial calendar, the plaintiff obtained new counsel to replace FKB's client, and the matter eventually settled for $958,000. Of the settlement proceeds, $308,000 was subject to certain medical liens, including payment for plaintiff’s psychiatric medical hospitalization and treatment.

After the settlement, plaintiff sued FKB's client, alleging that the failure to allege psychiatric injuries in the Bill of Particulars was an error, and the stipulation precluding discovery of the plaintiff’s psychiatric medical records as a result of the accident was unauthorized.

At trial, FKB's client testified that the decision to forgo pursuit of psychiatric injury claims was a conscious, reasonable strategic decision, as the plaintiff’s psychiatric medical records contained information harmful to plaintiff’s credibility, including a history of domestic violence towards his live-in girlfriend, prior felony convictions, and substance abuse.

After the close of evidence, the jury returned a defense verdict in favor of FKB's client. The Kings County jury deliberated for 12 minutes before reaching a unanimous verdict.

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