CompFox AI Summary
This case addresses whether plaintiff Cedric Fleming's facial injuries, specifically scars on his forehead and right upper eyelid, constitute a permanent and severe facial disfigurement under Workers’ Compensation Law § 11, qualifying as a grave injury. Fleming, an employee of Pinstripes Garment Services, LLC, sustained these injuries in a collision with a school bus. He sued Evergreen Bus Service, Inc., and its driver, who then initiated a third-party action against Pinstripes for indemnity/contribution, claiming Fleming's injuries were grave. Supreme Court denied Pinstripes' summary judgment motion, but the Appellate Division affirmed, finding factual questions. The Court of Appeals, however, reversed, establishing a standard for severe facial disfigurement which requires the injury to greatly alter the face's appearance and be regarded as abhorrently distressing, highly objectionable, shocking or extremely unsightly by a reasonable person. Applying this standard, the Court found that Fleming's injuries, despite numerous scars and some permanency, did not meet the severe disfigurement threshold, thereby granting Pinstripes' motion for summary judgment.
Fleming v. Graham is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
This case addresses whether plaintiff Cedric Fleming's facial injuries, specifically scars on his forehead and right upper eyelid, constitute a "permanent and severe facial disfigurement" under Workers’ Compensation Law § 11, qualifying as a "grave injury." Fleming, an employee of Pinstripes Garment Services, LLC, sustained these injuries in a collision with a school bus. He sued Evergreen Bus Service, Inc., and its driver, who then initiated a third-party action against Pinstripes for indemnity/contribution, claiming Fleming's injuries were "grave." Supreme Court denied Pinstripes' summary judgment motion, but the Appellate Division affirmed, finding factual questions. The Court of Appeals, however, reversed, establishing a standard for "severe facial disfigurement" which requires the injury to greatly alter the face's appearance and be regarded as "abhorrently distressing, highly objectionable, shocking or extremely unsightly" by a reasonable person. Applying this standard, the Court found that Fleming's injuries, despite numerous scars and some permanency, did not meet the "severe" disfigurement threshold, thereby granting Pinstripes' motion for summary judgment.
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