Nick Siciliano

Obtained defense verdict for a Radiologist, General Surgeon, and Hospital System in a medical malpractice claim involving a laparoscopic hernia repair with mesh and tacks

Samuel Meadows and Nicholas Siciliano were retained by an insurer to defend a family who built a wood-fired pizza oven in their backyard. The plaintiffs, residents of a neighboring apartment building alleged that the smoke from the pizza oven invaded their property and home resulting in pain and discomfort, loss of use, and diminished property value. After years of feuding, the plaintiffs filed a lawsuit against our clients, seeking compensatory and punitive damages. After a four-day trial, the jury returned a defense verdict in favor of our clients, agreeing that their use of the pizza oven did not constitute a private nuisance.

Obtained a judgment in the Sixth Circuit Court of Appeals affirming the Northern District’s dismissal of a slip and fall case involving a Pepsi spill at a Dollar General. The plaintiff alleged that a spill by a Pepsi merchandiser earlier in the day was not properly cleaned by Pepsi or Dollar General, and caused a sticky floor which resulted in her falling. However, the district court dismissed the plaintiff’s claims on summary judgment because the Pepsi merchandiser testified that the spill happened in one area of the store based on pictures and the plaintiff testified that she fell in a different area based on the same pictures.