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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2024 NYSlipOp 01325 [225 AD3d 723]

Regular Panel Decision

Mar 13, 2024

Samperi v. City Safety Compliance Corp.

Plaintiff Salvatore Samperi was injured at a construction site when an outward swinging access gate hit him. He sued multiple defendants, including Northeast Interior Specialists, LLC, alleging Labor Law § 200 violations and common-law negligence. Northeast moved for summary judgment to dismiss these claims, which the Supreme Court denied. The Appellate Division, Second Department, affirmed the denial, ruling that Northeast failed to establish prima facie that it did not create the dangerous condition of the gate.

Personal InjuryConstruction AccidentLabor LawCommon-law NegligenceSummary JudgmentAppellate ReviewSafe Place to WorkDangerous ConditionSubcontractor LiabilityProximate Cause

References

Case No. MISSING

Regular Panel Decision

Safety Cas. Co. v. Malvoux

Randolph Malvoux, an employee of Magnolia Petroleum Company, sued Safety Casualty Company for Workman’s Compensation due to an alleged accidental injury from overheating during employment on January 29, 1946. The jury found that Malvoux sustained an injury by overheating in the course of employment, which caused paresis, and that this injury resulted in total and permanent incapacity. The appellant, Safety Casualty Company, appealed the judgment, arguing insufficient evidence. The appellate court reviewed the evidence, including medical testimony supporting the link between overheating and the activation of syphilis leading to paresis, and found it sufficient. The court also upheld the trial judge's discretion in refusing to reopen the case for additional testimony. Ultimately, all of the appellant's points were overruled, and the trial court's judgment was affirmed.

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process

References

Case No. MISSING

Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident

References

Case No. 2023 NY Slip Op 03287

Regular Panel Decision

Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract

References

Case No. M2016-00083-COA-R3-CV

Regular Panel Decision

Dec 21, 2016

Vernon Lockhart v. Commissioner of The Tennessee Department of Safety

This appeal arises from a civil forfeiture. Vernon Lockhart was charged and later convicted on a number of criminal counts related to the distribution of large amounts of marijuana. The Tennessee Department of Safety and Homeland Security declared as forfeited certain of Lockhart's properties alleged to be derived from illegal drug transactions. An Administrative Law Judge found in favor of the Department by a preponderance of the evidence, a decision which was affirmed on appeal by the Chancery Court for Davidson County. Lockhart appeals to this Court, arguing that the evidence used against him should have been suppressed and that the ALJ and Trial Court erred by failing to conduct an independent analysis of his suppression issue. The Court of Appeals holds that the ALJ's order of forfeiture was supported by a preponderance of the evidence and that the doctrine of collateral estoppel bars Lockhart from re-litigating the suppression issue. The judgment of the Trial Court upholding the ALJ's forfeiture order is affirmed.

Civil ForfeitureDrug TraffickingCollateral EstoppelSuppression of EvidenceExclusionary RulePreponderance of EvidenceAsset ForfeitureCriminal ConvictionAdministrative LawAppellate Review

References

Case No. 11-20-00145-CV

Regular Panel Decision

Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal

References

Case No. NO. 03-08-00466-CV

Regular Panel Decision

Feb 19, 2010

Texas Department of Public Safety v. Thomas Williams

Appellee Thomas Williams sued the Texas Department of Public Safety for discrimination and retaliation under the Texas Commission on Human Rights Act after being involuntarily transferred from the Governor's Protective Detail to the narcotics division. A jury found the Department retaliated against Williams, awarding him back pay, front pay, and damages for mental anguish. The Department appealed, arguing insufficient evidence for an adverse employment action and the monetary awards, and improper admission of an internal affairs report and an EEOC determination letter. The Texas Court of Appeals, Third District, affirmed the trial court's judgment, concluding that Williams's transfer, which resulted in a substantial loss of overtime and other benefits, constituted a materially adverse employment action. The court also found the jury's back and front pay awards were supported by sufficient evidence and that the trial court did not abuse its discretion in its evidentiary rulings.

Employment RetaliationRace DiscriminationTexas Commission on Human Rights ActAdverse Employment ActionBack PayFront PayOvertime CompensationEvidentiary RulingsInternal Affairs ReportEEOC Determination Letter

References

Case No. 13-17-00501-CV

Regular Panel Decision

Apr 25, 2019

Texas Department of Public Safety v. Herminio Pasillas

The Texas Department of Public Safety (Department) appealed a county court's judgment that reversed the suspension of Herminio Pasillas's driver's license. Pasillas was arrested for driving while intoxicated (DWI) after being stopped for an inoperable taillamp, exhibiting signs of intoxication, and failing field sobriety tests, with a subsequent breath test showing an alcohol concentration of 0.091. An administrative law judge (ALJ) initially suspended Pasillas's license, finding sufficient evidence for the stop, arrest, and intoxication, but the county court reversed this decision. On appeal, the Thirteenth District Court of Appeals independently reviewed the ALJ's decision under a substantial evidence standard. The appellate court held that substantial evidence supported the ALJ's findings and rejected Pasillas's arguments regarding the untrustworthiness of the officer's sworn report and unpreserved issues from the ALR hearing. Consequently, the Court of Appeals reversed the county court's judgment and reinstated the suspension of Pasillas's driver's license.

Driver's License SuspensionDWIAdministrative License Revocation (ALR)Substantial Evidence ReviewProbable CauseReasonable SuspicionAdmissibility of EvidenceOfficer's Sworn ReportBreath TestTraffic Violation

References

Case No. 657577/19

Regular Panel Decision

Sep 11, 2025

McMillian v. Out-Look Safety LLC

This case involves an appeal concerning an order from the Supreme Court, New York County, which granted class certification to plaintiffs Craig McMillian, Eian McMillian, and Victor Ballast. The plaintiffs, identified as non-union construction "flaggers," asserted that they were unlawfully paid below the prevailing wage for public works projects in New York City, having been misclassified as "crossing guards" or "traffic control." The lawsuit targeted Out-Look Safety LLC, Restani Construction Corp., Triumph Construction Corp., Elecnor Hawkeye, LLC, and Safeway Construction Enterprises, LLC. The Appellate Division, First Department, affirmed the Supreme Court's decision, determining that the plaintiffs had adequately demonstrated the prerequisites for class certification under CPLR 901(a), including numerosity, commonality, typicality, and superiority. Additionally, the Appellate Division concurred that the Supreme Court's modified class definition successfully circumvented the creation of an impermissible "fail-safe" class.

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2024 NYSlipOp 01325 [225 AD3d 723]

Regular Panel Decision

Mar 13, 2024

Samperi v. City Safety Compliance Corp.

Personal InjuryConstruction AccidentLabor LawCommon-law NegligenceSummary JudgmentAppellate ReviewSafe Place to WorkDangerous ConditionSubcontractor LiabilityProximate Cause

References

Case No. MISSING

Regular Panel Decision

Safety Cas. Co. v. Malvoux

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

References

Case No. MISSING

Regular Panel Decision

Martinez v. 342 Property LLC

References

Case No. 2023 NY Slip Op 03287

Regular Panel Decision

Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

References

Case No. M2016-00083-COA-R3-CV

Regular Panel Decision

Dec 21, 2016

Vernon Lockhart v. Commissioner of The Tennessee Department of Safety

Civil ForfeitureDrug TraffickingCollateral EstoppelSuppression of EvidenceExclusionary RulePreponderance of EvidenceAsset ForfeitureCriminal ConvictionAdministrative LawAppellate Review

References

Case No. 11-20-00145-CV

Regular Panel Decision

Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal

References

Case No. NO. 03-08-00466-CV

Regular Panel Decision

Feb 19, 2010

Texas Department of Public Safety v. Thomas Williams

References

Case No. 13-17-00501-CV

Regular Panel Decision

Apr 25, 2019

Texas Department of Public Safety v. Herminio Pasillas

References

Case No. 657577/19

Regular Panel Decision

Sep 11, 2025

McMillian v. Out-Look Safety LLC

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class

References

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