LoTempio PC Law Group News in Buffalo, New York

Join us for an evening of food, drink and music to help raise money for our dear friend and colleague Jennifer's fight against Breast Cancer.

The Buffalo Irish Center  |  Thursday, September 30, 2021  |  5 - 9 PM

• - Basket Raffle
• - 50/50 Split Club
• - Silent Auction
• - Bonus Special Event Night Raffle for a Yeti filled with your favorite alcohol
• - Live Music by The Kensingtons (in the Emerald Room) and Michael Bly (in the Pub)
• - Great Food
• - Cash Bar

All funds raised will go to help Jennifer and her family to assist with medical expenses.

How can you help?

• - Tickets are $20 in advance, $25 at the door
• - Basket, Cash or Gift Certificate donations for raffle items gratefully accepted

More information can be found here: https://www.eventbrite.com/e/help-jennifer-runfola-merriman-kick-cancers-ass-tickets-168354680381

For more information or to donate, email: JenniferRunfolaMerrimanBenefit@gmail.com

Client was charged with Criminal Possession of a Weapon in the Second Degree and facing a mandatory minimum incarceration level of 7 years if convicted. Client was in the car where a weapon was found but maintained his innocence. Frank LoTempio, III and the LoTempio P.C. Law Group team took the case to trial and the client was acquitted of that charge.

On May 16, 2021, Attorney Brian Knauth was elected to a second 2 year term as President of the Board of Trustees of St. Mary’s School for the Deaf.  "St. Mary’s is a school district devoted to educating and assisting deaf students and children ranging from ages 1 or 2 up through high school graduation.  Many students have multiple disabilities beyond being deaf.  The Board oversees a budget in excess of $10,000,000.00 annually with a pre-school, elementary school, high school, and dormitories with residential students.  The School also provides all physical therapy and other therapies for its students throughout the school year and the summer months." said Knauth.

As a member of the Board of Directors of the Ashford Hollow Foundation, Frank LoTempio III was on hand at the unveiling of the new statue commemorating Janet Mock on Bidwell Parkway this week.  LoTempio P.C. Law Group recognizes the importance of honoring inspirational women in our community and are proud to support these efforts.   To learn more and read the official press release please visit our blog here. 

FA LoTempio P.C. client sustained serious injuries as a passenger in a motor vehicle accident. After negotiating with the insurance carriers, Attorney Andrew Gill was able to secure an award which was four times greater than their original offer. The client was thrilled with the result, and was happy the case was resolved without being put into suit. To contact us about a motor vehicle accident, please call (716) 855-3761 to speak with one of our personal injury attorneys.

Frank LoTempio III has been recognized as one of the America's Top 100 Criminal Attorneys. Mr. LoTempio has been representing clients in Criminal matters for more than 20 years both in New York State, as well as around the nation. His record of providing excellent representation of his clients in these matters has resulted in him being honored as being one of America's Top 100 Lawyers.

In addition, Boyd L. Earl has also been selected as one of America's Top 100 Personal Injury Attorneys. Mr. Earl has been practicing in the field of Personal Injury claims for more than 30 years, and has handled thousands of personal injury claims, and has recovered more than $25,000,000 for his clients. He has handled all types of injury claims over the years, including in Motor Vehicle Accidents, Falls, Medical Malpractice claims, Nursing Home claims, Product Liability cases, and numerous other negligence cases. Mr. Earl is licensed to practice law in New York State and New Mexico, and is admitted before the Federal Courts as well. He was also admitted to practice before the United State Supreme Court in 2008. In addition to his legal work, Mr. Earl is committed to his volunteering to help others. In addition to serving for nine years on the School Board for Saint Mary's School for the deaf, including 4 years a President of the board, he has traveled to impoverished areas of the world in order to deliver wheelchairs to those who are unable to afford to purchase one. He also served as President of the board of a Local Mental Health Treatment non-profit. He is also currently serving on the Board for the Foundation for Deaf Education, as well as an Elder and Presbytery Representative with the Presbyterian Church (U.S.A.)

We would like to congratulate Mr. LoTempio and Mr. Earl on this honor, as well as the team at the LoTempio P.C. Law Group, which is integral to the work done on behalf of our clients. If you would like to speak to any of our Attorneys about your legal needs, please contact us at (716) 855-3761.

Attorney Jennifer Runfola successfully advocated for her client to be accepted into the Judicial Diversion program. A Judicial Diversion program can allow someone charged with a felony to avoid having a felony conviction on their record and replace the felony with a misdemeanor. A felony conviction can have lifelong consequences. Our client successfully completed the Judicial Diversion program in 1 year as opposed to the 2 years most people take. Congratulations to the client for this accomplishment! At sentencing Attorney Runfola successfully argued that our client be sentenced to a conditional discharge.

This pandemic has hit the world hard, but the people and places being hit the hardest are the nursing homes and their residents. Nursing home deaths account for one in 5 Covid-19 deaths in New York State. Here in Erie county, the deaths account for one in three nursing home residents. This disease is ravaging nursing home and infecting our loved ones. Here is the recent State and Federal Regulations for Nursing Homes in New York State put forth by the Department of Health. Please review these to make sure that your loved ones are being protected and cared for in a safe environment. If you have any questions about the care of a loved one please call our offices at (716) 855-3761.

The matter was scheduled for a non-jury trial.  After vigorously attacking the proof the People offered Ms. Runfola was successful in obtaining the lesser included offense of Driving While Ability Impaired.  This client was facing the possibility of losing their professional license if convicted of a misdemeanor charge.  Needless to say, the client was ecstatic with the results.  If faced with criminal charges, such as a DWI, call our office at (716) 855-3761.

When she completed her medical treatment, we attempted to settle the matter with the at fault trucking company but the insurance company offered minimal monies.  Then, working with counsel in North Carolina, LoTempio P.C. filed a lawsuit relating to the accident.  The trucking company filed bankruptcy.  We then proceeded against the driver of the truck.

On the eve of trial, the Court ordered the parties to mediation.  During this successful mediation, we settled the case for twice as much money as the client expected.  Suffice it to say, the client was ecstatic with our work and with the settled we achieved.

A LoTempio PC client completed the City of Buffalo Firefighter Exam and participated in the selection process for the position.  The client was then removed from the eligible list due to an issue that arose in the background investigation, and was disqualified from consideration for the position of Firefighter.  Attorney Andrew Gill subsequently appealed the City’s determination and conducted a hearing on behalf of the client with the Division of Civil Service.  Mr. Gill won the appeal and the client was placed back on to the eligible list.  The client is now going through the hiring process.  Contact LoTempio PC for Police, Fire, and other civil service matters.

Disorderly Conduct is a violation and not a criminal conviction. Through a diligent investigation and knowledge of search and seizure law, Complete Counsel attorney Jennifer Runfola was able to achieve this great result. She showed that our client was unlawfully searched in violation of his 4th Amendment rights. If you feel your vehicle was unlawfully pulled over or that the search of your person or vehicle was not proper please call us we can help.

In the first case, Ms. Runfola was able to show the client was not intoxicated or impaired. Through swift cross-examination she was able to point out the inconsistencies in a witnesses testimony compared to what the body cam video showed. In the second case, Ms. Runfola successfully challenged the evidence submitted to show operation of the vehicle. Because of her excellent trial skills and knowledge of DWI law these results occurred.

A LoTempio PC client was charged with DWI and multiple Vehicle and Traffic violations.  After rejecting a plea to a violation, Attorney Andrew Gill made a motion to have all charges dismissed.  Andrew was able to successfully argue that our client’s speedy trial rights were violated and the Judge granted the motion, resulting in dismissal of all charges.  Contact LoTempio P.C.’s team of experienced attorneys if charged with DWI.

This client was in the process of weighing his retirement options and planning for that day. The client discovered he was not credited for over two years of service for a position he had over 30 years ago. He tried to make his case to the State and Local Retirement System but was denied after their review. The documents they said he needed were no longer available because the employer no longer had them. In disbelief that they were denying him service credit he came to LoTempio P.C. Law Group. Complete Counsel attorney Jack M. Sanchez handled this case. Through Mr. Sanchez’s investigation and examination of witnesses at the hearing the Hearing Officer awarded the client retroactive membership and the two years of service credit.

Our client, a 29-year-old, single father of two children, was seriously injured when he suffered a fall at a construction site.  His employer, who was contractually responsible for the work, failed to provide a safe means for our client to climb down from the rafters of the building.  He fell approximately 10 feet, landing on his back.

Although our client sought immediate medical treatment, numerous months passed before the Doctors diagnosed a compression fracture and herniation.

As a result of the fall, our client ultimately had surgery on his low back.  He remained out of work following the surgery, and continued to treat with pain management.

Although he ultimately had a pretty good recovery, he still suffered significant pain and suffering, lost time from work, and changes in his lifestyle and deserved to be fairly compensated for how the incident impacted his life and his ability to care for his children.

During initial conversations with the insurance company for the employer, the insurance company disputed our client’s version of the facts surrounding the fall.   The insurance company claimed that our client’s fellow employees would tell a different story, and that actually our client was at fault for the incident.

When faced with pending litigation, and after receiving medical evidence of the treatment and surgery, and proof of time missed from work, the insurance company agreed to engage in settlement negotiations.  After a number of conversations, including a few late Friday afternoon discussions, the insurance company greatly increased its initial offer to a final offer in the amount of $400,000.00.  Our client agreed to accept the offer to bring an end to the incident and its aftermath, and to now have the opportunity to move forward with his life and caring for his children.  He knew that continuing with a lawsuit would cause the matter to drag for years without likely increasing the final amount of any recovery.

Simply, our client was ecstatic with the $400,000.00 settlement.

The client highly recommends the LoTempio P.C. Law Group for personal injury cases.

Starting July 1, 2019, Brian D. Knauth, Esq., one of our personal injury attorneys, will serve as Chairperson of the Board of Trustees for St. Mary’s School for the Deaf in Buffalo, New York.

St. Mary’s School for the Deaf is a private, state-supported school that serves deaf and hard of hearing children from infancy through age 21.  The School has been the primary source of quality education utilizing the full spectrum of communication modes since 1853.

St. Mary’s School for the Deaf is committed to providing equitable access to exemplary programs that prepare deaf students to be self-directed, life-long learners, who are productive members of society.  The School’s programs and services, include Deaf Infant screening and parent program, elementary and secondary education including in-house therapies, residential facilities, parent education, and athletics.

LoTempio PC Law Group client acquitted on a Driving While Intoxicated charge. Attorney Jennifer Runfola successfully defended this case through trial. The client was also acquitted of speeding, failing to keep right, driving on the shoulder, and refusal to take a breath test. The most important thing you can do when you have been charged with a crime is hire an experienced lawyer to represent you. At LoTempio PC Law Group we have a team of experienced and aggressive criminal defense attorneys.

Lotempio PC Law Group attorney Noralyn A. Dillon successfully settled a discrimination case under the New York State Paid Family Leave Act.
These types of cases are heard by the Worker’s Compensation Board. This was one of the first cases heard at the Buffalo Office and was brought by a new father. Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave. If you request or take Paid Family Leave, discrimination or retaliation can include your employer: not returning you to your same or a comparable job, terminating your employment, reducing your pay or benefits, or disciplining you in any way. Please contact us if you feel you have been the subject of discrimination or retaliation. Bonding with a newly born, adopted or fostered child is your right. Caring for a family member with a serious health condition is your right. Assisting loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service is your right.

Recently, an engaged couple were struck head-on by a speeding vehicle. The other driver fled the scene of the accident. The couple, both injured in the accident retained the PI attorneys at LoTempio P.C. Law Group.

Our attorneys immediately investigated the accident and worked with the Buffalo Police Department to find and identify the driver and owner of the other vehicle. After learning that the other vehicle was not insured, our attorneys initiated an uninsured motorist claim against our clients’ insurance company.

Following the driver’s shoulder surgery, we settled her claim for the full amount of available uninsured motorist coverage. The passenger was not as seriously injured, and we settled his claim for a substantial portion of the available coverage.

Fortunately, for our clients, after tracking down the other vehicle and finding out that there was not any insurance, our attorneys found a way for this couple to be fairly and justly compensated for their injuries.

To contact us about a motor vehicle accident, please call 716-855-3761 to speak personally with one of our personal injury attorneys or access our website at www.lotempiopc.com

Our PI Department recently settled a case for a 17- year-old male passenger injured in a motor vehicle accident. The driver of a tractor trailer and the driver of our client’s vehicle both claimed to have the green light at the time of the intersection accident. Our client suffered permanent injury and scarring to his chin.

The police report blamed the driver of the passenger’s car. Rather than relying solely on that report, our attorneys immediately hired an investigator to interview witnesses to the accident. Significantly, the witnesses mainly blamed the truck driver.

Armed with the results of the investigation and photographs of the facial scarring, our attorneys negotiated with each insurance company individually. Prior to filing suit, the case settled for a combined offer of $50,000.00 with a 60-40 split on fault for the accident.

To contact us about a motor vehicle accident, please call 716-855-3761 to speak personally with one of our personal injury attorneys or access our website at www.lotempiopc.com.

On January 28, 2019, the New York State Legislature almost unanimously approved the Child Victims Act. Governor Cuomo signed this legislation into law on February 14, 2019. The new law will greatly expand the time period in which potential victims of abuse have to bring a civil lawsuit and/or seek criminal prosecution.

Significantly, and likely the part that is most controversial, the new law creates a one-year “look-back window” to allow victims of any age with claims that were prohibited under the former child sexual abuse statute of limitations in New York an opportunity to file a new lawsuit. This one-year period will begin on August 15, 2019. Under this important provision of the new law, victims of child sexual abuse that occurred in New York will have the opportunity to bring a lawsuit against numerous institutions, including the Catholic Church, Jewish Community, Jehovah’s Witnesses, public and private schools, Boy scouts, and other youth serving organizations.

The law also provides that a person will have until the age of 55 to bring an abuse claim. The age 55 is not a limit on revived claims filed during the one-year “look-back window”. LoTempio P.C. Law Group has represented individuals bringing claims against the Catholic Church. The firm now represents individuals who are planning to bring lawsuits during this one-year “look-back window”.

In a recent case against the New York State Parks Department, our attorneys were able to obtain a settlement of $150,000 as a result of the injuries sustained in a rear end motor vehicle accident. Our client was rear ended on a snowy day by a New York State plow operator. The State of New York disputed liability, alleging that the snowy conditions constituted an unexpected emergency situation, and that the driver should only be held liable if found to have reckless in the operation of the vehicle. Our attorneys were able to win the motion regarding the appropriate standard of negligence, and after the liability trial was completed in the New York State Court of Claims, a reasonable settlement was obtained for our client.

Leaving the Scene of an Accident. Attorney Jennifer Runfola successfully argued that our client’s speedy trial rights were violated. The impact of this result was not only a dismissal of this charge. The client was participating in the Judicial Diversion Program related to another matter. Any criminal conviction would have prevented the client from staying in the Judicial Diversion Program. We are pleased to report the client completed the Judicial Diversion Program and was able to avoid having a felony conviction. Contact Complete Counsel if you have questions on speedy trial rights, judicial diversion, and the impact a felony conviction can have on your future.

Complete Counsel client charged with Felony Criminal Possession of a Controlled Substance receives plea to Disorderly Conduct. After rejecting a plea to a misdemeanor, Attorney Jennifer Runfola successfully negotiated this plea to a violation. A violation is not a criminal conviction. To understand the importance of not having a criminal conviction on your record, contact the attorneys at Complete Counsel.

Evidence from an Erie County Sherriff’s body cam ignited a firestorm of a debate over questions concerning the legality of an arrest at a Buffalo Bills tailgate party. For a complete analysis of the video and legal opinions on what unfolded local news outlet, WGRZ, called in Frank LoTempio, III. While Mr. LoTempio has no connection to the case, he was able to offer valuable insights into what unfolded during the recording, indicating that key evidence for the case may yet need to be uncovered.  The arrest of a 26-year-old University at Buffalo student is currently under investigation by District Attorney John Flynn. Flynn is attempting to determine if a local deputy made false statements in his report about the incident. Click here for the complete video analysis provided by Frank LoTempio, III.

Complete Counsel’s client acquitted of Harassment. A dispute amongst neighbors resulted in our client being charged and an Order of Protection put in place. After a thorough investigation by Complete Counsel Attorney Jack Sanchez it became apparent the facts alleged did not add up. The case proceeded to trial and Mr. Sanchez was able to show the bias of the witnesses and their motivation for filing baseless charges. Our client was acquitted and the Order of Protection was vacated.

Complete Counsel attorney Jack M. Sanchez wins an acquittal for a client charged with Driving While Intoxicated in a local town court. Throughout the case our client was offered a plea to Driving While Ability Impaired. Mr. Sanchez challenged the stop of the client’s vehicle and conducted a pre-trial hearing where the Judge ruled against our client. Mr. Sanchez then proceeded to trial and his client was found not guilty. This outcome for the client is a result of LoTempio P.C.’s aggressive defense and experience representing those accused of Driving While Intoxicated.

While driving in the City of Buffalo, our client was t-boned by a vehicle who ran the red light. As a result of the accident, our client had knee surgery, and injured her shoulder. She tried to return to work but was unable to continue working. When the insurance company refused to settle, LoTempio P.C. Law Group filed a lawsuit and proceeded through discovery. On the eve of a settlement conference with the Court, our attorneys obtained the full amount of the defendant’s insurance coverage. There were not any personal assets or additional monies available.

To fully protect yourself and your family in the event of a motor vehicle accident, you should ask your insurance agent about supplementary underinsured coverage (SUM). This is not expensive coverage and allows you to obtain additional monies after the other driver’s insurance company has offered the full policy.

After celebrating her birthday at a local casino, our client returned to her apartment and slipped on ice build-up in the parking lot. She fell and landed on her shoulder suffering a serious injury. Despite surgery on the shoulder, she could not return to work. LoTempio Law Group investigated the incident, obtained her medical records, and counseled her throughout. We helped her obtain social security disability and get all of her medical bills paid. At a recent settlement conference with the insurance company for the property owner, our attorneys negotiated a substantial settlement for our client’s disability, and pain and suffering. Without further financial worries, our client can now focus on spending time with and caring for her 2 grandchildren.

Against the insurance carrier’s arguments that our client could return to the work force, LoTempio P.C. successfully argued that our client was permanently and totally disabled as a result of his work-related accident that occurred 6 years ago. This ensures he will receive the maximum amount in monetary benefits as a result of him being unable to return to gainful employment.

Our attorneys were recently able to resolve a serious claim against a local Nursing Home which failed to adequately care for a patient with dementia. Due to the failure to provide appropriate and timely care, it was claimed that the client ultimately died due to infection. After the case was placed into suit, our attorneys were able to work out a significant settlement payment to the estate of our client. Given the aging population in the United States, and particularly in the Western New York community, the number of claims of malpractice and negligence at Nursing Homes is increasing significantly over the past few years. If a loved one needs to receive care from a Nursing Home of other Assisted Living community, it is important to monitor the treatment being received. While most such facilities attempt to provide appropriate care, failure of some facilities to provide appropriate training, support and oversight results in a significant likelihood that patients may ultimately suffer an injury or illness. Having a family member or friend visit the facility on a regular, but unannounced basis, helps to insure that no major problems go unaddressed.

For more information about Nursing Home facilities, or to register a complaint, you can go to the NYS Department of Health Website. https://www.health.ny.gov/facilities/nursing/

Our personal injury attorneys recently settled a motorcycle accident case for $1,250,000.00 for a 62 year-old client. The accident occurred when the other vehicle made a U-turn in front of our client, and he could not avoid the accident. He suffered serious injuries to his right leg which required multiple surgeries. Although previously disabled, the accident and the permanent injuries severely impacted our client’s enjoyment of life and his daily activities. Despite claiming that the motorcyclist was at fault, the defendants and their insurance companies agreed to settle the case rather than proceed to trial.