Eric B. Grossman
Of Counsel

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Areas of Law:
Personal Injury & Medical Malpractice

Education:
University of Toledo College of Law, 1984, Juris Doctor
Indiana University, 1978, BA - Telecommunications

Bar Admissions:
New York State Bar, 1985

Published Appellate Cases:

Murphy-Tarver V. Lester, 23 AD3d 993 (4th Dept. 2005).
Reversed Justice Dillon’s refusal to grant immediate judgement for costs of alternative service, pursuant to CPLR 312-a.

Barnes v. Kociszewski, 4 AD3d 824 (4th Dept. 2004).
Affirmed lower court’s order under CPLR 4404 vacating verdict and ordering a new trial on economic loss claim, even though there was no “serious injury” finding by the jury.

Parkhill v. Cleary, 305 AD2d 1088 (4th Dept. 2003).
Modified Supreme Court’s ruling on “serious injury” requirements and affirmed plaintiff’s right to allow jury to hear punitive damages claim.  Also cited in 1 NY PJI3d 2:278 at 1466 (2006).

Mahar v, Fichte, 298 AD2d 948 ( 4th Dept. 2002).
Modified Justice Fricano’s denial of plaintiff’s motion by striking answer, unless malpractice defendant responds to demand for bill of particulars. Public Health Law 2805-d shifts burden of proof on affirmative defenses to defendant.

Winker v. Buffalo Paperboard, 278 AD2d 858 (4th Dept. 2000).
Supreme Court properly denied defendant’s motion to dismiss complaint. Question of fact existed on issue of wheter defendant breached a duty to keep the contents of its dumpster in a reasonably safe condition.

Parkhill v. Cleary, 277 AD2d 963 (4th Dept. 2000).
Lower court denied plaintiff’s motion to depose defendant’s insurance claims adjuster. Fourth Department modified order, allowing non-party deposition of adjuster, under theory of “law of the case”.

Marino v. County of Erie, 258 AD2d 941 (4th Dept. 1999).
Appellate Division affirmed lower court’s order vacating jury verdict of “no-cause” due to tainted outside influence by foreperson.  Also cited in 1 NY PJI3d 1:10 at 37, 38. (2006).

Gmeinder v. Benderson, 258 AD2d 685 (4th Dept. 1999).
Affirmed Justice Joslin’s order, finding questions of fact on the negligent manner of performing repairs to a sidewalk.

Marino v. Erie County, 224 AD2d 1034 ( 4th Dept. 1996)
Supreme Court’s unpublished order vacating insurance carrier’s APIP lien affirmed on appeal.

Joseph v. Angstrom, 198 AD 2d 863 (4th Dept. 1993)
Supreme Court agreed that plaintiff was entitled to obtain written statements of third-party defendant’s employees who were not serving in management-level positions.  Fourth Department, however, mandated that the statements must be divuldged to the opposing party (employer).

Obara v. Piekos, 161 AD2d 1118  (4th Dept. 1990).
Factual dispute exists whether seller of chain saw can be held liable, even if employer and employee are aware of safety defect.

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"I received my Bachelor's degree from Indiana University and initially pursued a career as an advertising copywriter. I then opted to attend the University of Toledo College Of Law. My father was a prominent personal injury attorney in Niagara Falls and I was quite fortunate to have been mentored by him and his partners.  I have served on the Judicial Ratings Committee of my local bar association for many years.

For over twenty-five years, I have given my best effort to my clients. I feel honored that they have entrusted me with their legal claims.  Although I am unable to guarantee a monetary recovery for my clients, I can ensure them that their cases will be handled as expeditiously as possible, with professionalism and diligence.  I strive to promptly return all phone calls and to allay any client concerns about the legal process. Over the years, I have handled personal injury cases ranging from car accidents, no-fault disputes and scaffold collapses to animal bites, wrongful death, premises liability and Love Canal toxic torts claims. Many of my cases are referred to me by other attorneys or former satisfied clients.

Whether it is an arbitration, trial or appeal, my clients have relied on my skill and guidance from the inception of each case through the conclusion. I chose to work at HoganWillig because of the firm's exemplary image and its fundamental belief that the client's best interest is paramount."