Legal Question in Civil Litigation in New York

Corporation sued for personal injury

Hello, my construction company was sued by someone who claiming to have slipped and gotten hurt. We were among many parties listed in the suit. After months of our insurance companys lawyers going back and forth, we were ultimately dismissed from the suit, because it was found that we did not perform any work in the area. Since this lawsuit was handed over to our insurance company to represent us, they incurred leagal bills, for which we are not responsible for. The amount is our $ 5,000 deductible. My question would be is there any way I can sue the plaintiff for this money? I am just baffled at how someone can sue anyone they want and now we have to pay out $ 5,000 for being wrongly convicted.


Asked on 7/30/08, 3:05 pm

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: Corporation sued for personal injury

If a defendant has been unjustly sued, the defendant may have grounds to bring a claim for malicious prosecution and/or abuse of process depending upon the facts of the matter. Those are both torts that apply to the wrongful use of judicial processes. You should consult with an attorney to determine if the facts of your matter supports such claims.

The foregoing response is not intended as legal advice applicable to your matters and is intended to provide general information of interest to readers of this site. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.

You may want to check the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com, and the posts on our Blog at www.starrandstarr.com/blog for further information regarding litigation and debtor-creditor matters.

Best regards,

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Answered on 7/30/08, 6:00 pm


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