Not all New York personal injury lawyers win their cases. Just ask the lawyers representing Adele Sammarco.
Sammarco, 43, sued Time Warner, the parent company of NY1, where she worked as a reporter. She alleged sexual harassment at the hands of the station, after claiming that a colleague, Gary Anthony Ramsay, gave her an unwanted kiss.
Subsequently, she complained to management and was let go, back in 2000. Sammarco alleges that she was wrongfully terminated due to the fact that she complained to management.
While many New York personal injury attorneys also practice in the area of wrongful termination, often times, New York personal injury lawyers are more concerned with allegations of assault and battery. Assault and battery are both torts. As such, personal injury issues can sometimes be pleaded in conjunction with other issues, such as employment related issues.
Assault and battery both relate to unwanted touching. And they can cover a broad range of things.
In the case of Adele Sammarco, the alleged assault occurred in the front seat of Gary Ramsay's car on July 29, 2000.
"He put all his weight on me," said Sammarco, at trial.
But Ramsay couldn't seem to recall whether or not he had kissed Sammarco.
"She's not the first person to blame her problems on a boogeyman that doesn't exist," Ramsay said.
In a civil lawsuit, it all comes down to the tipping of the balances. Unlike a criminal trial, where the jury needs to find the defendant guilty beyond a reasonable doubt, a civil lawsuit requires only a showing of "more likely than not."
And here, the jury felt, more likely than not, that there was no sexual harassment.