Fullerton Beck partner Angelo Bianco prevailed in a personal injury case on behalf of the firm’s client – a national home health aide company – when the Bronx County Supreme Court granted his motion to dismiss. The plaintiff, an elderly woman, fell out of her motorized wheelchair while operating it on a sidewalk, while under the supervision of an employee of the defendant home health aide company. The plaintiff filed a complaint against the company alleging failure to supervise and attend to her.
Fullerton Beck filed a motion to dismiss the complaint for the plaintiff’s failure to prosecute the action and comply with discovery orders. Angelo provided the court with a detailed outline of his numerous and diligent efforts to procure discovery from the plaintiff, the dilatory nature of the plaintiff’s responses and the plaintiff’s failure to comply with the court’s prior orders. The motion was granted by the court and the case has been dismissed.