James F. Burke

James Burke (Partner-White Plains, NY) defended a case before the Supreme Court, Suffolk County that involved a rear-end collision on the Long Island Expressway. Summary judgment on liability was awarded against our clients, an industrial construction contractor and its driver, and the case proceeded on damages. The plaintiff – an attorney suspended from the practice of law for a year, had six prior accidents with several similar past surgeries – claimed three major cervical spinal surgeries, compromise of his larynx including his ability to speak and swallow effectively, a lumbar surgery, a shoulder surgery and a knee surgery. He claimed total inability to work and $7 million in past and future economic losses. The plaintiff demanded $25 million to settle. There were 17 trial days, 70 exhibits and 16 witnesses. On the second to last day of trial, James was diagnosed with COVID-19, which placed him under quarantine and sent him to the hospital. On the fly and alone, he determined that it would be possible to proceed by taking the cross-examination of the plaintiff’s neurosurgeon on the last day of the trial via a virtual video link with the court. The client and the court approved and Jimmy obtained many key admissions from him, virtually, in front of the jury, and he gave the closing via the same virtual video link. The jury deliberated for two hours and came back with a full defense verdict on causation.