Hartley v. City of New York
James Hartley, a commercial diver, was allegedly injured on October 3, 1989, while working for MVN Associates, Inc., a subcontractor for Healy Tibbitts Construction Co., Inc., who had a contract with the City of New York. Hartley claimed decompression sickness due to improper decompression procedures and sued under Labor Law sections and common-law negligence. The court determined that federal maritime law applied, preempting the state Labor Law claims, leading to their dismissal against Healy and the City. However, Healy's motion to dismiss Hartley's common-law negligence claims was denied due to unresolved factual issues regarding Healy's actions. The City's motion to dismiss all claims against it was granted, severing the action. Lastly, MVN's motion to dismiss Healy's third-party indemnification claim was denied, pending clarification of Healy's 'vessel' status under the LHWCA.