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

Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision

Martinez v. Hays Construction, Inc.

This case concerns an appeal where Luci Martinez, individually and as representative of the estate of Luis Martinez, José Martinez, and Maria Martinez, sued Hays Construction, Inc. for negligent hiring, negligence per se, and vicarious liability following a fatal traffic accident involving Delfino Bello. The accident occurred while Bello was allegedly hauling dirt for Hays Construction. The trial court initially granted summary judgment in favor of Hays Construction on all claims. On appeal, the court reversed the trial court's judgment, determining that Martinez presented sufficient evidence to raise a fact issue regarding Hays Construction's negligent hiring of Bello as an independent contractor. Furthermore, the appellate court found a fact issue existed concerning whether Hays Construction qualified as a 'motor carrier' and 'statutory employer' under the Texas Motor Carrier Safety Regulations, making it potentially vicariously liable for Bello's negligence, and thus remanded the case for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorProximate CauseEmployer LiabilityTraffic AccidentWrongful Death
References
39
Case No. MISSING
Regular Panel Decision
Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Plaintiffs appealed an order that granted summary judgment to defendants Turner Construction Company and Louis P Ciminelli Construction Co., Inc., dismissing their complaint in a personal injury action arising from a construction accident involving Robert Uzar. The Supreme Court's decision was affirmed, with the appellate court determining that Turner, as construction manager, was not liable under Labor Law § 241 (6) because it lacked responsibility for worker safety and control over subcontractors. Additionally, Ciminelli was found not liable under common-law negligence and Labor Law § 200 as it did not have supervisory control over the plaintiff's work or create the dangerous condition. The appellate court rejected the plaintiffs' contention that Turner acted as a general contractor or agent of the County, and similarly found no triable issue of fact regarding Ciminelli's liability. Therefore, the order dismissing the complaint was unanimously affirmed.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review
References
11
Case No. E2014-00139-COA-R3-CV
Regular Panel Decision
Sep 30, 2014

MSK Construction, Inc. v. Mayse Construction Company

MSK Construction, Inc. (MSK) filed a breach of oral contract action against Mayse Construction Company (Mayse) for failure to pay for equipment and fuel used in a construction project for the City of Athens. Mayse denied liability and filed a counterclaim for negligent misrepresentation, alleging MSK failed to include concrete testing costs in their estimate. Following a bench trial, the trial court found in favor of MSK, awarding damages and prejudgment interest, and denied Mayse's counterclaim. Mayse appealed the decision. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's decision in its entirety, finding a valid oral contract existed and dismissing the negligent misrepresentation claim.

Breach of Oral ContractConstruction DisputeEquipment UsePrejudgment InterestNegligent MisrepresentationSubcontractor AgreementVendor AgreementAppellate ReviewContractual ObligationsDamages
References
28
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. 2015 NY Slip Op 02049
Regular Panel Decision
Mar 17, 2015

Turner Construction Co. v. Harleysville Worcester Insurance

Plaintiffs, Turner Construction Company et al., appealed a judgment declaring that Harleysville Worcester Insurance Company was not obligated to defend or indemnify them in an underlying personal injury action. The Appellate Division, First Department, modified the judgment to explicitly declare Harleysville's non-obligation and otherwise affirmed the dismissal of the complaint against Harleysville. The court ruled that even if plaintiffs had additional insured status, they were not entitled to coverage due to their failure to provide timely notice of the occurrence to Harleysville, notifying the insurer nine months after the accident and over two months after the personal injury action commenced. The court found plaintiffs' belief that no claim would be asserted against them to be unreasonable, given their awareness of the injured worker's severe accident at the construction site.

Insurance CoverageNotice RequirementAdditional InsuredTimeliness of NoticePersonal InjuryConstruction AccidentDuty to DefendDuty to IndemnifyAppellate DecisionUnreasonable Delay
References
3
Case No. MISSING
Regular Panel Decision

Granite Construction Co. v. Mendoza

Felix Mendoza, Sr. died in an on-the-job accident during his employment with Granite Construction Company. His family, led by Rebecca Mendoza, sought exemplary damages for gross negligence in a workers' compensation death claim. The jury found Granite Construction grossly negligent and the proximate cause of Mendoza's death. On appeal, the court affirmed these findings, upholding the jury's verdict against Granite Construction's challenges to the sufficiency of evidence. However, the appellate court reversed the trial court's award of prejudgment interest on exemplary damages, ruling that neither statutory provisions nor equitable principles supported such an award, given the case's filing date and the non-compensatory nature of exemplary damages. The remainder of the trial court's judgment was affirmed.

Gross NegligenceExemplary DamagesWorkers' CompensationWorkplace AccidentProximate CauseSufficiency of EvidencePrejudgment InterestAppellate CourtTexas LawEmployer Negligence
References
23
Case No. 01-09-00593-CV
Regular Panel Decision
May 12, 2011

Luci Martinez, Individually and as the Personal Representative of the Estate of Luis Martinez and Jose Martinez and Maria Martinez v. Hays Construction

Appellants, the Martinez family, sued Hays Construction, Inc. for negligent hiring and vicarious liability following a fatal traffic accident involving Luis Martinez and a driver working for Hays Construction. The trial court initially granted summary judgment for Hays Construction. On appeal, the Martinez family argued that the trial court erred in its ruling. The appellate court reversed the summary judgment, concluding that genuine issues of material fact existed regarding whether Hays Construction negligently hired Delfino Bello as an independent contractor and whether Hays Construction qualifies as a 'motor carrier' and 'statutory employer' under Texas Motor Carrier Safety Regulations. The case was therefore remanded to the trial court for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorStatutory EmployerTraffic AccidentWrongful DeathRemand
References
40
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
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