Goldberg Segalla has been disqualified from defending a major personal injury action because it hired an attorney who previously worked for the plaintiff. U.S. Magistrate Judge H. Kenneth Schroeder Jr. in the Western District (See Profile) said that while he has “no doubt as to the integrity of all the lawyers involved in this matter, the appearance of impropriety which arises from the facts presented here cannot be overcome.”
Stratton v. Wallace, 11-cv-0074a, was lodged after a motor vehicle incident in 2009, when a truck driver viewing online pornography crashed into a disabled vehicle on the state Thruway, killing the occupant. The plaintiff hired the law office of Francis Letro in Buffalo to pursue a claim against various defendants, and an associate in his firm, Kathleen Martin, worked on the file, conducted pre-action discovery, met with the plaintiff in his home and drafted the complaint.
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