Goldberg Segalla partners Brian L. Battisti and Kevin J. Bryant secured a resounding verdict for the defense representing the operators of a New York City pizzeria in a premises liability case.

The matter involved an alleged incident inside the pizzeria. The plaintiff claimed she was injured when a bench collapsed on her, causing extensive injuries that required five surgeries, including two cervical fusions. The plaintiff’s formal demand was for $12 million.

Our clients, the mother and son who own the pizzeria, maintain that the incident simply never happened.

“One of the key foundations to our success at trial was the preparation of the case during discovery,” said Brian Battisti. “The matter was fully prepared and investigated with a focus on obtaining the evidence needed to be successful at trial.”

Goldberg Segalla’s defense strategy included establishing the fact that the alleged incident was never reported to the owners or any employees of the pizzeria. Battisti went on to underscore inconsistencies in the narratives provided by the plaintiff and her witness/daughter’s testimony, and contradictions between the trial testimony and prior deposition testimony.

The strength of this defense was made clear as the jury came back after just 17 minutes with a defense verdict. The pizzeria owners were cleared and owed nothing to the plaintiff.