lindsay.kalick@wilsonelser.com

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Lindsay Kalick defends negligence-based lawsuits in New York state and federal courts. She has extensive experience defending complex and high-exposure claims in the transportation, construction and premises liability/security industries. Lindsay represents property owners, commercial tenants, national trucking and long-hauling companies, and insurance companies. She also defends subrogation matters, SUM/UM claims and no-fault claims venued in Arbitration Forums, Inc.; the American Arbitration Association; and New York civil and state courts. To address safety issues and reduce the potential for litigation, Lindsay provides consultation to clients concerning risk management strategies. 

Lindsay maintains a high level of responsiveness and gives each claim and corresponding defense a thorough analysis to identify opportunities for early resolution and cost efficiency. She exhibits professionalism in the courtroom and in dealings with her adversaries, paying close attention to detail and developing early strategies to guide the course of litigation. Lindsay handles claims at every stage of litigation, including ADR and trial, and she has successfully argued and defended appeals.

Areas of Focus

Transportation
In the transportation field, Lindsay defends national trucking and long-hauling companies and "for-hire" fleets in complex litigation, including large-loss injury and death claims, freight and property claims, PIP loss transfers and other subrogation claims. She understands the importance of rapid emergency response to catastrophic incidents, early case evaluation, the economics of transportation litigation, and when necessary, an aggressive defense of cases through trial. 

Premises Liability
Lindsay defends insured and self-insured commercial businesses, construction companies, restaurants, transportation companies and landlords, among others, against all types of personal injury, property damage and indemnity claims.

Construction
Lindsay advises clients involved in large commercial and industrial projects/renovations on a wide range of issues in matters arising from site accidents, and she successfully defends against high-exposure construction claims involving New York's Labor Law and contractual indemnification issues.

    Education

    • Brooklyn Law School (J.D., 2006)
    • University of Pennsylvania (B.A., 2003)

    Bar Admissions

    • New York

    Court Admissions

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

    Awards & Honors

    • Selected for inclusion in Super Lawyers New York Rising Stars, 2015-2017

Lindsay J. Kalick

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