Biography | Kimberly C. Sheehan

White Plains, NY

p. 914.872.7942

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Kimberly C. Sheehan has more than 35 years of litigation experience zealously defending the interests of insurance carriers, self-insureds, and third-party administrators in cases involving medical malpractice, premises liability, Labor Law, product liability, automobile, municipal, and toxic tort liability. Over the course of her career she has successfully defended national pharmacy and supermarket chains, commercial clients, retail businesses, hospitals, physicians, municipalities, property owners and management companies, contractors, and coop/condominium boards in all of the boroughs of New York City, Long Island, and Upstate New York counties. She has lectured on significant practice topics such as depositions and summary judgment motions.

Kimberly is an accomplished and goal-orientated attorney who handles all aspects of a case – from pleadings through trial as well as appeals – in a uniquely personal way; one that fashions and implements a successful legal strategy in the most cost- effective manner. She has successfully resolved hundreds of legal matters through direct settlement discussions, motions for summary judgment, trials, appeals and mediations. Kimberly is especially proficient at effecting risk transfers to benefit her clients and resisting risk transfer efforts against her clients. She relishes handling difficult, complex, and sensitive cases.

Education

University at Buffalo School of Law (J.D.)
- Moot Court Board Member
- Summer Intern, United States Attorney, Northern District New York
Binghamton University (B.A. English Literature)

Bar Admissions

New York

Court Admissions

U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Professional Affiliations

Westchester Women’s Bar Association, Judicial Screening Committee member and former cochair, Litigation Committee

Kimberly C. Sheehan has more than 35 years of litigation experience zealously defending the interests of insurance carriers, self-insureds, and third-party administrators in cases involving medical malpractice, premises liability, Labor Law, product liability, automobile, municipal, and toxic tort liability. Over the course of her career she has successfully defended national pharmacy and supermarket chains, commercial clients, retail businesses, hospitals, physicians, municipalities, property owners and management companies, contractors, and coop/condominium boards in all of the boroughs of New York City, Long Island, and Upstate New York counties. She has lectured on significant practice topics such as depositions and summary judgment motions.

Kimberly is an accomplished and goal-orientated attorney who handles all aspects of a case – from pleadings through trial as well as appeals – in a uniquely personal way; one that fashions and implements a successful legal strategy in the most cost- effective manner. She has successfully resolved hundreds of legal matters through direct settlement discussions, motions for summary judgment, trials, appeals and mediations. Kimberly is especially proficient at effecting risk transfers to benefit her clients and resisting risk transfer efforts against her clients. She relishes handling difficult, complex, and sensitive cases.

Sheehan and Kalick Win Summary Judgment in Scooter Accident Case

Kimberly Sheehan (Of Counsel-White Plains, NY) and Lindsay Kalick (Partner-New York, NY) secured summary judgment in the New York State Supreme Court, Bronx County, on behalf of Wilson Elser’s client, a plumbing company, resulting in dismissal of all claims before any depositions were conducted. The 40-year-old plaintiff alleged he sustained serious injuries when his electric scooter hit a pothole near a Bronx intersection and sought significant damages for injuries requiring lumbar spine fusion and shoulder surgery. Our client plumbing company had performed underground road work more than 636 feet away from the alleged pothole three months prior to the date of the incident. The plaintiff sued the parent construction company, although the work was performed by our client.

Kimberly and Lindsay moved for summary judgment, arguing that our client neither performed work at the accident location nor created the alleged roadway defect. They further argued that the court’s prior decision granting summary judgment to a codefendant on the same grounds constituted the “law of the case,” warranting the same result for our client. Their motion relied on an affirmation from the client’s representative attesting to the lack of any work performed at the accident location.

While the motion was pending, the plaintiff sought to proceed with depositions, arguing that the motion was premature. Kimberly and Lindsay successfully opposed those efforts, and the court held that the pending summary judgment motion stayed discovery. The court ultimately rejected the plaintiff’s contention that additional discovery might uncover evidence sufficient to defeat the motion.

In granting summary judgment, the court adopted the substantive arguments advanced by Wilson Elser, finding that:

Our client established its prima facie entitlement to judgment through its representative’s affirmation, demonstrating that neither it nor its parent company performed work at the accident location and that its completed work was approximately 636.56 feet away.
The plaintiff failed to raise a triable issue of fact, as speculation that our client’s work may have affected potholes two blocks away was insufficient.
The plaintiff’s argument that the motion was premature was unavailing because the mere hope that future discovery might reveal supporting evidence does not justify denying summary judgment.

The dismissal eliminated the client’s exposure to significant damages in the Bronx County venue.

Kimberly C. Sheehan and Lindsay J. Kalick