Trials
Cruser and Mitchell, LLP tries cases. When we take a case to trial we win 90% of the time.
In 2005 the Bureau of Justice Statistic reported that plaintiffs won in more than half (56%) of all general civil trials concluded in state courts. Among all plaintiff winners the median final award was $28,000. Approximately 4% of all plaintiff winners won $1,000,000 or more. Contract cases in general had higher median awards ($35,000) than tort cases ($24,000).
The total number of civil trials declined by over 50% from 1992 to 2005 in the nation’s 75 most populous counties. Tort cases decreased the least (40%) while real property (77%) and contract (63%) cases registered the largest declines.
In the nation's 75 most populous counties, some tort case categories have seen marked increases in their median jury awards. This was particularly the case for product liability trials, where the median awards were about 5 times higher in 2005 than in 1992 and for medical malpractice trials, where the median jury awards more than doubled from $280,000 in 1992 to $682,000 in 2005.
- Rondiene E. Novitz, Esq. and Gary E. Dvoskin, Esq obtained another Defense Verdict in a case venued in Federal Court, Eastern District. Plaintiff, a special education teacher, brought suit under Title VII claiming she was terminated from a Long Island School District as a result of her gender and pregnancy. The Plaintiff had received positive evaluations the first two years of teaching at the District and then once she became pregnant she received a negative evaluation leading to her termination. The School District denied knowledge of Plaintiff’s pregnancy at the time of her negative evaluation and stated her termination was based on her poor performance. A defense verdict was reached in less than two (2) hours.
Quick update: Plaintiff appealed to the 2nd Circuit Court of Appeal. We successfully defeated his appeal, the Appellate Court affirmed the decision below.
- Nola Jackson and Robb Cruser obtained a defense verdict in a premises liability case pending in Fulton County State Court. The Plaintiff was inside his apartment when 3 assailants kicked in his door and shot him in the mouth with an AK-47 at an apartment complex in Clarkston, Georgia. Plaintiff demanded 2 million dollars during closing arguments as well as punitive damages. The jury deliberated 2 1/2 hours before rendering a defense verdict.
- Rondiene E. Novitz and Gary E. Dvoskin obtained a defense verdict in a Civil Rights action in the Federal Court, Eastern District. Plaintiff, a 61 year old woman claimed violations of the Age Discrimination Employment Act (ADEA), Title VII gender discrimination, The Equal Protection Clause of the 14th Amendment and gender and age discrimination under New York State Law after Defendants School District and Superintendant failed to hire Plaintiff for a coaching position after a 31 year tenure at the District. Plaintiff requested back pay, liquidated damages, punitive damages, emotional distress damages and over $165,000 in legal fees. After a full two weeks of testimony, the jury deliberated for an hour and ten minutes before returning a verdict in favor of the Defendants.
- Rondiene E. Novitz and Gary E. Dvoskin obtained a defense verdict in a motor vehicle accident case. Plaintiff, claimed catastrophic injuries including horizontal diplopia requiring several surgeries, dental injuries, headaches and herniated discs. The total claimed medical damages were in excess of $200,000. Our client, a limousine driver, struck plaintiff’s vehicle in the rear while it was disabled on the John F. Kennedy Expressway in Queens, New York. Our client maintained Plaintiff did not have his hazards on at the time of the accident. Plaintiff's demand was our full policy. After 2 hours of deliberation, the jury returned a verdict in favor of our client finding he was not negligent for the accident.
- On March 24, 2009, Craig Terrett received a favorable verdict from a DeKalb County jury on behalf of a defendant who admitted negligence. Jury only awarded $4,500 to the plaintiff who was seeking $10,159 in special damages, as well as pain and suffering.
- J. Robb Cruser and Craig Terrett obtained a defense verdict on a 3 year-old wrongful death pedestrian case. Eriberta Mota brought a wrongful death action on behalf of her deceased child, Aldair Hernandez, and alleged that Defendant failed to maintain a proper lookout and failed to take any evasive action to keep from striking the Plaintiff. Defendant admitted that she did not see the pedestrians prior to impact but argued that she was traveling within the speed limit, the roadway conditions were dark, and visibility was poor and that the pedestrians should not have been crossing at the location where the impact took place. In closing argument, David Naylor, Plaintiffs’ attorney, requested $2,000,000.00 from the Gwinnett County jury. J. Robb Cruser, Defendant’s attorney, requested a defense verdict. After a three day trial, the jury deliberated for approximately two and one-half hours before returning a defense verdict.
