Thomas M. Bona, P.C.

Attorneys At Law

Elliot Gaztambide, Jr.

St. John’s University School of Law, Jamaica, New York

       J.D., June 1994

Sierra v. Costco


Defense verdict in Supreme Court, Westchester County.


The plaintiff claims she slipped and fell inside the Costco Warehouse located in Port Chester, New York. A defense verdict was returned after the liability phase of the trial. The jury concluded that Costco was not negligent after hearing from two of its employees who were present at the scene when the plaintiff fell. Those employees were there warning customers of a spill on the floor and one of them had actually warned the plaintiff before she walked away an d fell. Plaintiff’s injuries included a herniated disc and two bulging discs in her lumbar spine along with bilateral carpal tunnel syndrome and Reflex Sympathetic Dystrophy.


Latchman v. Metropolitan Transit Authority

& New York City Transit Authority


Defense verdict in Supreme Court, New York County.


Plaintiff was a passenger in a MTA bus traveling near City Hall in downtown Manhattan when the bus was struck in the intersection by a van approaching from a cross street. At trial the plaintiff testified that she could not recall the color of the traffic light as the bus entered the intersection. She was then cross-examined with her 50-h deposition transcript at which time she stated the bus had the green light. The bus driver also testified at trial and confirmed he had a green light and checked for any approaching cars before entering the intersection. The offending van fled the scene after the accident and the jury found the defendants not negligent.


Walsh v. Rondout Harbor Homeowners Association, Inc.


Supreme Court, Ulster County granted summary judgment motion.


The plaintiff claims she slipped and fell on a patch of black ice in the morning as she stepped out of her townhouse and onto the walkway owned defendant. The plaintiff believed the patch of ice must have formed overnight due to melting snow from her roof which seeped down behind her gutter which had separated from its fascia board. In granting the defendant’s summary judgment motion, the Court held the defendant did not have notice of the patch of black ice or that the gutter had separated from the facade of plaintiff’s residence while rejecting plaintiff’s arguments of recurring conditions. The plaintiff sustained a brain hemorrhage and was alleging an ongoing traumatic brain injury with neurological deficits.