John M. Downing Jr
JOHN M. DOWNING, JR. has tried over 50 cases to successful verdicts in the State and Federal courts since 1989 in motor vehicle, construction, and premises liability matters. He is adept at jury selection, cross-examination, and summations. Mr. Downing is a highly skilled negotiator who is able to resolve claims early and advantageously. Mr. Downing has extensive experience in Federal Practice, Labor Law, and Insurance Law.
Mr. Downing has been a lecturer for the New York State Bar Association Continuing Legal Education Program on deposition strategies and use of experts in federal cases and an adjunct professor of writing at Kean University and Hudson County Community College in New Jersey. Mr. Downing is a graduate of Tufts University (B.A.) and Fordham University School of Law (J.D.).
Mr. Downing argued the appeals to obtain victories in the leading cases of Stabile v. Christy & Viner,[*12] Machado v. Clinton Housing,[*13] and Giovengo v. P & L Mechanical[*14] among others.
By utilizing effective cross-examination and non-party witness testimony, Mr. Downing has won verdicts on liability even where his clients "rear-ended" the plaintiff's vehicle,[*15] and where plaintiffs claimed that our client ran through a red light.[*16]
Mr. Downing has also won many trials by establishing inconsistencies through painstaking review of prior medical records, winning cases on the issue of lack of "serious injury" under New York's Insurance Law Section 5102(d).[*17]
[*12] 291 A.D.2d 395, 737 NYS2d 381 (2nd Dept. 2002)(holding that written indemnity agreement may be enforced even if agreement is not executed at the time of accident).
[*13] 20 A.D.3d 307, 798 NYS2d 56 (1" Dept. 2005)(holding that tenant shareholder was responsible for exploding leak in her apartment where lease provided that she was responsible for equipment in the apartment).
[*14] 286 A.D.2d 306, 730 NYS2d 284 (1St Dept. 2001)(granting summary judgment to contractor which did not supervise or control worksite).
[*15] Guercia v. Lend Lease TrucksTurner v. Inland Freightways, U.S. District Ct., SDNY October 21, 1995, Judge Robert L. Patterson.
[*16] Laneau v. Chouquet, U.S. District Ct., EDNY, September 17, 1996, Judge Reena Raggi.
[*17] Mandarino v. APA Truck Leasing, U.S. District Ct., EDNY, March 8, 1994, Mag. Judge Joan Azrack; Marrero v. Osowiecki, Supreme Ct., Queens County, May 22, 2006, Justice Roger Rosengarten.