ENEWSLETTER: June 2016

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.

RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased

$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant

$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse

$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant

Auto Owner is Cleared to Proceed to Trial

Plaintiff Tanya Lovitt was in a car accident that took place on November 26, 2007, at which time she was insured by Defendant Progressive Direct Insurance Company. Plaintiff was driving her 2008 Mercedes Benz CLK 550 convertible at the time of the accident which she owned. Extensive damage to the Mercedes was visible at the time of the accident including, but not limited to: 1) Plaintiff’s entire right side was midway into the Mercedes; 2) the passenger side-view mirror was dangling; 3) the entire passenger’s door was smashed in; 4) the window was broken; 5) the passenger seat was shifted inward; and 6) damage to the front right-side panel over the wheel well. The majority of the damage was to the right side of the Mercedes. Plaintiff signed the authorization to permit the Defendant New Hyde Park Auto Body Works, Inc. to do the repairs in her driveway while her Mercedes was in the process of being picked up by Defendant NHP Auto Body.

After the car was serviced by Defendant NHP Auto Body, Ms. Lovitt noticed problems with the repairs that were done and brought that to the Defendant’s attention. After trying to have the repairs properly done and dealing with the Defendants seeking not only the repairs, but reimbursement for costs she incurred, Ms. Lovitt sued the Defendants. After years of litigation, the Defendants made a motion for summary judgment pursuant to CPLR 3212. Ms. Lovitt opposed that motion and stated that the negligent repairs are amply supported by non-party witnesses, including the report prepared by a renowned expert in the automobile appraiser and assessment field, as well as the owners of a certified Mercedes-Benz auto repair shop, Mid Island Collision. Furthermore, there was similar conflicting testimony regarding who received the check issued by Defendant Progressive Insurance Company, who endorsed said check, the actual damages incurred by the Plaintiff and whether there was an assumption of risk when Plaintiff removed her Mercedes from Defendant NHP Auto Shop on December 21, 2007.

On June 8, 2016, Justice Bruce Cozzens of the Nassau County Supreme Court denied the Defendants’ motion seeking summary judgment and wrote, “[t]he Court finds questions of fact precluding summary judgment.” Frederick K. Brewington, Esq., with the help of Precilla Lockett, JD, worked on this case.

To view the decision, click here.

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