Kiley McCarthy Connolly is an Associate at Tyson & Mendes’ San Diego office and is a member of the Complex Trial Litigation team. Her practice focuses on catastrophic personal injury defense.
Ms. McCarthy Connolly’s litigation experience includes representing businesses in state court throughout California. Previously, she obtained medical malpractice defense experience; criminal prosecution experience while at the District Attorney’s Offices in Orange County, California, and Middlesex, Massachusetts; humanitarian law at the South African Parliament Offices; consumer rights law at Massachusetts’ Attorney General’s Office; and civil litigation at the Massachusetts’ Department of Corrections. She is adept at stepping into cases late in the litigation process and readying the cases for trial and successful outcome.
Ms. McCarthy Connolly obtained her J.D. from the University of San Diego in 2016. She obtained her B.S. from Bentley University in 2013, where she earned her double major in Managerial Economics and Social Responsibility & Ethics.
In her free time, Ms. McCarthy Connolly enjoys spending her time with her rescue dog, Leo. She also enjoys traveling, studying for her sommelier certification, and scuba diving.
Plaintiff counsels are at ease asking a jury for astronomical damages. However, defense counsels do not feel the same level of comfort, therefore perpetuating the trend of “runaway” verdicts. The below case analysis highlights the importance of always giving a defense number, as emphasized by Robert Tyson, author of Nuclear Verdicts: Defending Justice For All, and exhibits what happens when defense counsel fails to do so.
In 2018, the U.S. Equal Employment Opportunity Commission (“EEOC”) charged Tennessee-based nursing facility West Meade Place LLP (“WMP”) with violating federal law. The EEOC claimed WMP violated federal law by refusing to provide a reasonable accommodation to an employee who suffered from an anxiety disorder, and then firing the employee because of their disability. The Sixth Circuit recently ruled WMP must answer the EEOC’s lawsuit, stating a lower court’s ruling a motion for summary judgment was flawed on their interpretation of whether a juror could reasonably find the employee was protected under the Americans with Disabilities Act (“ADA”).
On July 24, 2018, heavy rain caused traffic to slow down on the I-10 around 5 p.m. in Leon County, Florida. A truck jackknifed, causing a pileup involving 45 vehicles and more than 18 accidents. One of the motorists injured was Duane Washington, 42 years old, who was riding his motorcycle.
In proposed New York Senate Bill S8587, the legislature is considering passing a law which declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable. The bill is sponsored by Senator Liu, Senator Biaggi, and Senator Carlucci and was introduced to the New York Senate on June 16, 2020.
Traditionally, under Tennessee workers’ compensation law, there is an exemption for out-of-state employers from being legally required to obtain workers’ compensation coverage in Tennessee for the employees who are “temporarily in Tennessee, not to exceed 14 consecutive days or 25 days total per year; provided, that the employer has coverage in the employer’s home state and such coverage applies to the employer’s employees while temporarily located in Tennessee.”
In New York, 2020 brought an emphasis on civility and a remodel of its Standards of Civility. The New York State Bar Association’s President, Michael Miller, explained, “The Standards of Civility have been modernized for the first time since their initial 1997 adoption, particularly concerning communications where technological advances have been substantial, and also expanded to include transactional and other non-litigation settings.”