FerryLaw Holiday Toy Collection

FerryLaw is teaming up with the Connecticut Criminal Defense Lawyers Association and the Connecticut Children’s Medical Center to collect toys for children at CCMC. Please consider dropping by the office to say hello and to bring a new, unwrapped toy. Items are especially needed for teens and infants.

Here is a link to the CCMC website with some basic guidelines for the donations:  https://www.connecticutchildrens.org/support-us/donate-toys/

Thank you for joining us in spreading cheer to children at CCMC this holiday season.

Donations are needed by December 18.

Congratulations to Attorney Foley: 2018 Connecticut Rising Star Honors

Congratulations to Attorney Monique S. Foley who has been selected to the 2018 Connecticut Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Connecticut receive this distinction. You can find her in the following publications and online:

  • New England Super Lawyers Magazine, November 2018
  • Connecticut Magazine, November 2018,
  • The online attorney directory on SuperLawyers.com

Benefits of a Mind/Body Practice

20th century life is fast paced. There is plenty of strife in our world, and whether it’s starving refugees in the Middle East or Democrats and Republicans in the USA behaving poorly, all of it affects us. Add the demands of keeping a roof over your head, providing food for your family, caring for elderly parents, trying to keep your 150 passwords in a place you remember, etc., and we ALL need to hit the reset button often. If you don’t practice being still and being quiet, you risk making yourself sick in ways you probably never imagined.

So, as the old saying goes, an apple a day keeps the doctor away….That’s nice, but how about my saying, “Stillness prevents illness.”

The type A people reading this who blow off steam by going to Cross Fit three days a week or jogging 30 miles a week will find this a bit challenging, but it is no less important for the energizer bunny trying to be still and be quiet. The agony you will endure trying to sit still for 5 minutes is proof positive that you need it, and you need it badly! Your monkey mind is swinging wildly through the branches, and it feels dangerous and impossible to stop. Inevitably, with regular practice, that awful feeling you get from shutting everything off will subside. You are simply a self-energizing generator that has never been turned off. You are inefficient as a servant because no generator can run full time. The parts wear out, and bolts get loose. It’s the same way with people.

I am going to leave this post here. Just to get you used to the idea that mindfulness practice is something you must try. Just let that soak in for now. Next post, I will write about some simple methods to get your started.

Kevin

 

Habitat for Humanity–Public Service Day

Staff members from FerryLaw participated this year in the Habitat for Humanity public service day, May 30, 2018. Habitat for Humanity is a non-profit multi-service agency helping individuals and families obtain housing. 90% of the labor used for projects is volunteer, allowing them to keep costs down so that they are able to provide affordable, simple, decent home-ownership opportunities to low-income families.

The team at FerryLaw rolled up their sleeves and got busy hauling wood, hanging sheetrock and even drilling a few holes in several homes located in Hartford, CT during our last Habitat for Humanity day last fall. This time we helped our friends in our own backyard, New Britain.

If you would like to learn more about Volunteer Opportunities through Habitat for Humanity, visit: http://hartfordhabitat.org/volunteering/other-ways-to-volunteer/ or to donate go to: http://hartfordhabitat.org/donate-now/

FerryLaw Sponsors a Race in the Park 2018


FerryLaw was once again a proud sponsor for this year’s Race in the Park at Walnut Hill Park, May 12, 2018. The Race is one of the largest in the area which funds research for breast cancer and is a fundraiser for the CT Breast Health Initiative. Attorney Cavallari participated in the 5K run, and other members of the FerryLaw Staff volunteered in various other ways during the event. This is an important event, and one very close to our hearts, in the continued fight against breast cancer and  in the awareness this event brings. We hope our contributions help in the ongoing fight against this terrible disease.

What is it Like to be Sued: Who Am I?

Attorney Ferry and Attorney Foley recently defended a claim made against them by Attorney Charles Brower and his client, James McCann, based upon a claim initially brought by the Law Office of Kevin C. Ferry, LLC against Mr. McCann and his company, RSS Consulting Services, LLC. Mr. McCann is the founder of Options Unlimited, a community living arrangement not-for-profit business whom the Law Office of Kevin C. Ferry, LLC sued in 2013 for severe physical, mental and sexual abuse perpetrated by approximately eight employees of Options Unlimited. Mr. McCann is currently being sued by Options Unlimited for fraud.

Attorney Foley and Attorney Ferry spent eight full days at trial defending themselves with the assistance of Kerry Callahan and Valerie Ferdon, both of Updike, Kelly & Spellacy. Attorneys Callahan and Verdon were very prepared and performed admirably at trial. Attorney Foley and Attorney Ferry were called as witnesses by Attorney Brower. Every effort was made to point to Attorneys Ferry and Foley as not having a good faith basis to sue his client. The jury saw through Attorney Brower’s misguided efforts to obtain a payday for his client and quickly returned a Defendant’s verdict on all counts. If the jury decided for the Plaintiff, the Plaintiff was going to be seeking punitive damages under numerous counts, including double damages pursuant to §52-568(1) under two counts; treble damages pursuant to §52-568(2) under two counts; and exemplary damages by way of attorney’s fees claimed to have been incurred defending the lawsuit brought by Law Office of Kevin C. Ferry, LLC.

This was an excellent learning experience that Attorney Foley and I hope to never be put though again; however, we gained valuable insight into the mind of a civil defendant throughout the process, and we also learned several valuable lessons at trial. While it would be going a bit far to thank Mr. Brower for suing us, I can say that your biggest enemies can be your best teachers if you are open to looking at it from that angle. –KCF

Download Kevin’s Accident App

ferry law accident app

Be careful driving this holiday! Download our FREE app for peace of mind. This is your first stop after you’ve been in an accident. Our Accident App tells you everything you need to know when you’ve been in an accident with quick links and easy access to help.

Click link to download for iphone iPhone App

Click link to download for Android Android App

Glastonbury Teen Death – Social Host Liability

            For the Glastonbury family whose daughter was killed in a motor vehicle accident following two nights of teen drinking at a Glastonbury home in 2013, the litigation nightmare is over. The party house in Glastonbury in 2013 was “Finks House”. The Finklestein’s home was where the juniors in High School would gather most every weekend. Every gathering would be an occasion to consume alcohol, smoke pot and have sex. For the 16 and 17 year old Glastonbury kids, a place to play grownup. The end result of the Las Vegas in Glastonbury for the Glastonbury High School students, Class of 2014, is that a beautiful, promising girl, never got the chance to graduate.

            The problem with it is 16 year old kids don’t have the maturity to understand the dangers of alcohol. In fact, our case law says very clearly. In Ely v. Murphy, 207 Conn. 88, 89-90, 540 A.2d 54 (1988), the Court first held that adults could be responsible for serving/providing/purveying alcohol to minors due to their incompetence and inability to understand the specific dangers of drinking while driving.  The law also says that a homeowner is responsible for the results of underage drinking in his home. Relevant case law suggests that homeowners may be liable when they have created a permissive atmosphere of underage drinking. Whether home when the damage is done or not, is irrelevant. In Schwarz v. Piro, No. FSTCV106004487S, 2015 WL 522060, (Conn. Super. Ct. Jan. 9, 2015), the Court held that a defendant may incur social host liability where he or she has provided a venue for consumption of alcohol by minors; see also Reynolds v. McAvoy, Superior Court, judicial district of Danbury, Docket No. CV–02–0346701–S (November 4, 2004) (Nadeau, J.); and Geise v. Gipstein, Superior Court, judicial district of New London, Docket No. CV–09–5010726 (January 25, 2011) (Martin, J.) (holding that “a duty of care exists on behalf of the social host of a party where underage drinking is encouraged, regardless of whether the intoxicated minor consumed alcohol purchased by the social host, or alcohol brought from outside the premises. Whether that duty of care was breached … and the defendant knowingly or negligently provided a venue for his minor guests to consume alcohol, constitutes a genuine issue of material fact …”).  In addition, our Courts have consistently held that most defenses, such as assumption of the risk, are not viable against an underage drinker or victim that is driven by an intoxicated driver.