SMSM Attorneys Obtain Summary Judgment for Governmental Entity


July 12, 2005

Segal McCambridge Singer & Mahoney attorneys, Robert R. Rigolosi and Christian H. Gannon, of the New York office, recently obtained summary judgment for a governmental entity on a workers compensation lien valued at several hundred thousand dollars. Plaintiff, a third-party employee injured on the governmental entity's property, missed the statute of limitations to sue the governmental entity for his injury. Plaintiff then filed a legal malpractice action against his previous attorneys and the governmental entity for the workers compensation lien, under a statute allowing the workers compensation lien carrier to sue on behalf of the injured worker. The court granted the governmental entity summary judgment, and held that the plaintiff would commit a "double recovery" if he was allowed to recover against the governmental entity for the workers compensation lien and the defendant-attorneys for their alleged malpractice.