On December 28, 2015 a
Miscellaneous
was filed
involving a dispute between
Jennifer Garofolo,
Kenneth Garofolo,
and
Consolidated Rail Corporation,
Csx Transportation, Inc.,
Devin J. Carpenter,
Preferred Group Of Manhattan, Inc.,
for Torts - Other Negligence (personal injury)
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
~-~~------~~~-~~--~~-~~--~-----~---~~~~-Ç
KENNETH GAROFOLO and JENNIFER GAROFOLO, Index No.: 2015-52210
Plaintiff,
-against- Hon. Thomas R. Davis, J.S.C.
DEVIN J. CARPENTER,
Defendants.
~~~~~~~-~~-----~~-~~~-- ~ ~~~~-~~~~-~Ç
VERDICT SHEET
MAINETTI & MAINETTI, P.C.
Attorneys for Plaintiff
130 North Front Street
Kingston, New York 12401
(845) 600-0000
1 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
1. Was the Defendant, Devin Carpenter negligent when he struck the Plaintiff,
22"d
Kenneth Garofolo on November 2014?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
IF YOUR ANSWER TO QUESTION 1 IS "YES", PROCEED TO QUESTION 2.
IF YOUR ANSWER TO QUESTION 1 IS "NO", PROCEED TO QUESTION 6.
2 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
Carpenter'
2. Was Defendant, Devin negligence a substantialfactorin causing Plaintiff
to be struck on November 22, 2014?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
"YES"
IF YOUR ANSWER TO QUESTION 2 IS PROCEED TO QUESTION 3
"NO"
IF YOUR ANSWER TO QUESTION 2 IS PROCEED TO QUESTION 6
3 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
3. Was Plaintiff, Kenneth Garofolo negligent with regard him being struck on
22nd
November 2014?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
IF YOUR ANSWER TO QUESTION 3 IS "YES", PROCEED TO QUESTION 4.
IF YOUR ANSWER TO QUESTION 3 IS "NO", PROCEED QUESTION 6
4 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
Garofolo'
4. Was Plaintiff, Kenneth negligence a substantial factor in causing him to
be struck on November 22, 2014?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
IF YOUR ANSWER TO QUESTION 4 IS "YES", PROCEED TO QUESTION 5.
IF YOUR ANSWER TO QUESTION 4 IS "NO", PROCEED TO QUESTION 6.
5 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
5. What percentage of fault of Defendant, Devin Carpenter and Plaintiff, Kenneth
Garofolo with regard to the November 22, 2014 incident?
Defendant, Devin Carpenter %
Plaintiff, Kenneth Garofolo %
YOUR PERCENTAGE MUST TOTAL 1000/o
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
PROCEED TO QUESTION 6.
6 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
6. Was Defendant Devin Carpenter reasonable in his belief that he was
facing
a
physical attack?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
"YES"
IF YOU ANSWERED TO QUESTION 6 PROCEED TO QUESTION 7
"NO"
IF YOU ANSWERED TO QUESTION 6, PROCEED NO FURTHER AND
REPORT YOUR VERDICT TO THE COURT
7 of 8
FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024
7. Was the force used by Devin Carpenter in striking Plaintiff a single time with his
fist reasonable under the circumstances?
Five out of six Jurors must agree on an answer to each question:
YES NO
1.
2.
3.
4.
5.
6.
REPORT YOUR VERDICT TO THE COURT
8 of 8
Document Filed Date
April 08, 2024
Case Filing Date
December 28, 2015
Category
Torts - Other Negligence (personal injury)
Status
Disposed-Court Date/Application Pending
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FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ~-~~------~~~-~~--~~-~~--~-----~---~~~~-Ç KENNETH GAROFOLO and JENNIFER GAROFOLO, Index No.: 2015-52210 Plaintiff, -against- Hon. Thomas R. Davis, J.S.C. DEVIN J. CARPENTER, Defendants. ~~~~~~~-~~-----~~-~~~-- ~ ~~~~-~~~~-~Ç VERDICT SHEET MAINETTI & MAINETTI, P.C. Attorneys for Plaintiff 130 North Front Street Kingston, New York 12401 (845) 600-0000 1 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 1. Was the Defendant, Devin Carpenter negligent when he struck the Plaintiff, 22"d Kenneth Garofolo on November 2014? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. IF YOUR ANSWER TO QUESTION 1 IS "YES", PROCEED TO QUESTION 2. IF YOUR ANSWER TO QUESTION 1 IS "NO", PROCEED TO QUESTION 6. 2 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 Carpenter' 2. Was Defendant, Devin negligence a substantialfactorin causing Plaintiff to be struck on November 22, 2014? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. "YES" IF YOUR ANSWER TO QUESTION 2 IS PROCEED TO QUESTION 3 "NO" IF YOUR ANSWER TO QUESTION 2 IS PROCEED TO QUESTION 6 3 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 3. Was Plaintiff, Kenneth Garofolo negligent with regard him being struck on 22nd November 2014? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. IF YOUR ANSWER TO QUESTION 3 IS "YES", PROCEED TO QUESTION 4. IF YOUR ANSWER TO QUESTION 3 IS "NO", PROCEED QUESTION 6 4 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 Garofolo' 4. Was Plaintiff, Kenneth negligence a substantial factor in causing him to be struck on November 22, 2014? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. IF YOUR ANSWER TO QUESTION 4 IS "YES", PROCEED TO QUESTION 5. IF YOUR ANSWER TO QUESTION 4 IS "NO", PROCEED TO QUESTION 6. 5 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 5. What percentage of fault of Defendant, Devin Carpenter and Plaintiff, Kenneth Garofolo with regard to the November 22, 2014 incident? Defendant, Devin Carpenter % Plaintiff, Kenneth Garofolo % YOUR PERCENTAGE MUST TOTAL 1000/o Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. PROCEED TO QUESTION 6. 6 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 6. Was Defendant Devin Carpenter reasonable in his belief that he was facing a physical attack? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. "YES" IF YOU ANSWERED TO QUESTION 6 PROCEED TO QUESTION 7 "NO" IF YOU ANSWERED TO QUESTION 6, PROCEED NO FURTHER AND REPORT YOUR VERDICT TO THE COURT 7 of 8 FILED: DUTCHESS COUNTY CLERK 04/08/2024 01:30 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 04/08/2024 7. Was the force used by Devin Carpenter in striking Plaintiff a single time with his fist reasonable under the circumstances? Five out of six Jurors must agree on an answer to each question: YES NO 1. 2. 3. 4. 5. 6. REPORT YOUR VERDICT TO THE COURT 8 of 8