Lynch Schwab, PLLC

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LYNCH SCHWAB & GASPARINI OBTAINS DEFENSE VERDICT AT TRIAL

On January 30, 2015, Louis U. Gasparini (Partner) obtained a defense verdict for Simply the Best Homecare, LLC in a purported defamation claim.  The plaintiff, Sgt. Edward Ryan and his parents had alleged that Simply the Best had defamed them in a writing published to the Department of Veterans Affairs and, more particularly, the Albany Veterans Hospital.  The plaintiffs in the lawsuit attempted to argue to the jury that the contents of the letter, observations made by several home health aides in the Ryan home, were untrue and fabricated.  To the contrary, however, the jury concluded that the contents of the subject letter were not defamatory, thus finding in favor of Simply the Best.

            Testimony and evidence was heard at the trial from home health aides who were unable to continue working at the Ryan home.  Likewise, there was proof offered that aides felt uncomfortable in the home and that Simply the Best was unable to continue to maintain 24 hours per day, seven days per week home health care within their current staffing levels.

            Following deliberations, the jury unanimously concluded that the subject letter was not defamatory.

Ryan v. Simply the Best Homecare, LLC, et al., (Supreme Court, Warren County, New York).  Berger & Kernan, P.C., Clifton Park, NY, for the plaintiff.

Posted on April 6, 2015 in Firm News