Joshua D. Kelner

Joshua Kelner, an attorney at Kelner & Kelner, is a third-generation trial attorney. He litigates complex Personal Injury and Civil Rights cases at every stage of litigation, from inception through trial and appeal.

Mr. Kelner graduated cum laude from Williams College in 2001 and cum laude from Harvard Law School in 2004. While at Kelner & Kelner, has achieved significant successes, which have includes a $19.1 million verdict for a man dragged by a New York City subway; a victory in the New York State Court of Appeals that made it easier for injured parties to have a defendant's liability determined as a matter of law; a victory in the New York State Court of Appeals that resulted in an expansion of the circumstances under which landowners can be held liable for defective sidewalks; a $4.5 million settlement for a truck driver injured as a result of a defective roadway; and a $3.82 million recovery for the family of a young man who died in custody at Rikers Island. He has appeared frequently in New York's appellate courts.

Mr. Kelner has been selected to the NY Metro Super Lawyers list consistently since 2012 and has been a speaker at the New York County Trial Lawyers Association. He authored an article for the University of Dayton Law Review.

These are some of Mr. Kelner's most notable and significant cases results:

$19,100,000 Verdict - Subway Accident- a male age 55, fractured his leg, and sever soft tissue injures to both legs when he was dragged by a NY City Subway Train. The jury verdict was reached in New York County against the New York City Transit Authority.

$3,100,000 Verdict - Premises Liability- a boy age 16, fractured his ankle in a skateboarding accident at a NY City Skate Park, in the Bronx. The jury verdict was reached in Bronx County, against City of New York.

$4,500,000 Settlement- Truck Accident - a male commercial truck driver age 54, sustained brain injuries and a fractured skull when he struck defective guide rail in Orange County, NY. The case was settled prior to trial in United Sates Federal Count, Southern District.

$4,250,000 Settlement- Trucking Accident- a male in his late 60's was injured when he was hit by commercial truck in New Jersey.

$3,820,000 Settlement - Civil Rights / Wrongful Death- a Rikers Island inmate was unconstitutional denial of medical care which resulted in his wrongful death. The settlement was reached in United States Federal Court, Southern District.

$3,600,000 Settlement - Pedestrian Accident- male age 72 was struck by van in Manhattan while crossing the street. Our client sustained brain injuries. The settlement was reached in Kings County, NY.

$2,000,000 Settlement Federal Employers Liability Act (FELA) - a male railroad worker in his 50's was injured while participating in construction project at LIRR train station on Long Island. He injured his spine as a result of the accident. The case settled in United Sates Federal Count, Southern District.

$1,800,000 Settlement - Motor Vehicle Accident - a 40 year old male was struck by a federal government vehicle while exiting his van in Manhattan. He sustained a brain injury as a result. The case settled under the Federal Tort Claims Act (FTCA).

$1,500,000 Settlement - Unsafe Workplace Accident - a New York City Sanitation worker, in his late 40's, injured his neck, which required spinal surgery. The gas pedal in his truck was defective, which resulted in the accident. The case settled in Kings County, NY.

Wrongful Conviction - Confidential settlement for man wrongfully convicted of attempted murder in Brooklyn, NY.

$1,300,000 Settlement - Negligent Security - a woman in her 60's was injured at NY sporting event. The settlement was reached in New York County.

Rodriguez v. City of New York: Argued and won appeal in the New York Court of Appeals which expanded the circumstances under which personal injury plaintiffs can have courts resolve a defendant's liability as a matter of law before trial.

Sangaray v. West River Associates: Argued and won appeal in New York Court of Appeals, widening the circumstances under which landowners could be held liable for defective sidewalks in the City of New York.

Areas of Practice

• Personal Injury
• Civil Rights
• Medical Malpractice
• Construction Accidents
• Construction Site Labor Law
• Products Liability
• Trucking Accidents
• Motor Vehicle Accidents
• Premises Liability
• Wrongful Death

Bar Admissions

• New York, 2005
• U.S. District Court Southern District of New York, 2007
• U.S. District Court Eastern District of New York, 2007
• U.S. Court of Appeals 2nd Circuit, 2010

Education

• Harvard Law School, Cambridge, Massachusetts
  • J.D. - 2004
  • Honors: cum laude
• Williams College, Williamstown, Massachusetts
  • B.A. - 2001
  • Honors: cum laude
  • Honors: Dean's List
  • Honors: With Highest Honors
  • Major: Political Science & History

Published Works

• The Anatomy of an Image: Unpacking the Case for Tort Reform, U. of Dayton Law Review, 31 Dayton L. Rev. 243

Representative Cases

• Sangaray v. West River Associates, Argued and won appeal in New York Court of Appeals, widening the circumstances under which landowners could be held liable for defective sidewalks in the City of New York, 2015, Court of Appeals of New York
• Pacelli (Zimmardi) v. In truck Leasing, Argued and won appeal in Appellate Division, Second Department, which was first case in New York State recognizing commercial shippers’ duty of care to public for the manner in which trucks are loaded, 2013, Supreme Court, Appellate Division, Second Department, New York
• Rodriguez v. City of New York

Classes/Seminars

• New York County Lawyers Trial Practice Institute

Honors and Awards

• Super Lawyers

Languages

• Spanish