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

Case No. M2011-02495-COA-R3-CV
Regular Panel Decision
Jul 24, 2012

Erie Insurance Exchange v. Gary Rose, Individually and d/b/a American Masonry and Capital Builders, LLC

Erie Insurance Exchange appealed the Davidson County Chancery Court's dismissal of its declaratory judgment action. Erie sought a declaration that its insurance policy issued to Gary Rose excluded coverage for claims brought by Capital Builders, LLC in a separate Williamson County action and that Erie had no duty to defend Rose. The Davidson County action was dismissed based on the 'prior suit pending' doctrine because the Williamson County action involved the same parties and identical subject matter concerning Erie's obligations under the insurance policy. The Court of Appeals affirmed the dismissal, agreeing that Erie's declaratory judgment claim should be litigated within the existing Williamson County action, and found no improper prejudice regarding the introduction of insurance evidence.

Declaratory JudgmentPrior Suit Pending DoctrineInsurance Policy CoverageDuty to DefendBreach of ContractChancery CourtAppellate ReviewSubject Matter JurisdictionPersonal JurisdictionCivil Procedure
References
8
Case No. 2022 NY Slip Op 06619
Regular Panel Decision
Nov 18, 2022

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Erie County Unit of Erie County Local 815 (County of Erie)

Petitioner Civil Service Employees Association, Inc. initiated a proceeding under CPLR article 75 to vacate an arbitration award that upheld the termination of one of its members as consistent with their collective bargaining agreement. The Supreme Court denied the petition and confirmed the award. On appeal, the Appellate Division, Fourth Department, affirmed the Supreme Court's decision. The court found that the arbitration award was not irrational, citing the language of the CBA, its reference to civil service rules for Erie County, and the parties' past practices as justification. Furthermore, the Appellate Division concluded that the arbitrator did not exceed his authority by interpreting ambiguous terms within the CBA, rather than rewriting it.

Arbitration AwardCPLR Article 75Collective Bargaining AgreementArbitrator AuthorityIrrational AwardPublic PolicyGrievanceTerminationJudicial ReviewAppellate Review
References
5
Case No. M2012-00331-COA-R3-CV
Regular Panel Decision
Jan 30, 2013

Erie Insurance Exchange v. Columbia National Insurance Company

This is a declaratory judgment action between two insurance companies. Erie Insurance Exchange, a general liability insurer, sought a declaration that Columbia National Insurance Company, an automobile insurer, had the primary duty to defend and indemnify an insured in a third-party tort action. The tort action stemmed from a construction site accident where an employee was electrocuted by a crane on a 'boom truck' owned by Nashville Building Systems (NBS) and listed under Columbia's auto policy. The trial court denied Erie's motion for summary judgment and granted Columbia's, holding Erie liable. The Court of Appeals affirmed the trial court's decision, finding that the Workers' Compensation Statute provided an exclusive remedy and that the boom truck, when used as a stationary crane, qualified as 'mobile equipment' and was thus excluded from coverage under Columbia's auto policy at the time of the injury.

Declaratory JudgmentInsurance Coverage DisputeAutomobile Insurance PolicyGeneral Liability PolicyWorkers' Compensation ActMobile Equipment ExclusionStatutory EmployerThird-Party TortfeasorBoom Truck AccidentSummary Judgment
References
45
Case No. MISSING
Regular Panel Decision

Scarver v. County of Erie

Huey Scarver, an electrician employed by CIR Electrical Construction Corporation, sustained injuries while working on a sewage pumping station project owned by the County of Erie. Scarver jumped from a ladder after another worker warned him of a falling iron pipe incident in the sub-basement, resulting in a fractured left foot and ankle. Scarver and other plaintiffs filed an action alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6) against the County of Erie, Granville Constructors, Inc. (general contractor), and Quackenbush Co., Inc. (mechanical subcontractor). The Supreme Court granted the defendants' motions for summary judgment, concluding that Scarver's injury was not a foreseeable consequence of the alleged negligence or Labor Law violations. The appellate court affirmed this decision, holding that the combined actions of the warning worker and Scarver constituted an intervening and superseding cause of his injuries, and the harm was not within the class of reasonably foreseeable hazards.

Construction AccidentPersonal InjuryNegligenceLabor Law Section 200Labor Law Section 241(6)Summary JudgmentForeseeability of HarmIntervening CauseSuperseding CauseAppellate Decision
References
15
Case No. 2021 NY Slip Op 04302 [196 AD3d 1058]
Regular Panel Decision
Jul 09, 2021

Julius v. County of Erie

Michael Julius sustained injuries while delivering a package to the Erie County Holding Center, allegedly due to contact with toxic liquid dumped by the defendant's maintenance workers. The Supreme Court, Erie County, initially granted summary judgment to the County, dismissing the complaint, based on a finding that no duty of care was owed to the plaintiffs. However, the Appellate Division, Fourth Department, reversed this decision, concluding that the defendant failed to establish a lack of duty of care as a matter of law. The appellate court reinstated the complaint and remitted the matter back to the Supreme Court for further proceedings to consider alternative grounds for summary judgment.

Summary JudgmentDuty of CarePremises LiabilityReversed and RemittedAppellate ReviewPersonal InjuryToxic LiquidErie County Holding CenterPlaintiff-AppellantDefendant-Respondent
References
4
Case No. CA 13-01671
Regular Panel Decision
Jul 03, 2014

WILLIAMS, CASSONDRA v. COUNTY OF ERIE

Plaintiff Cassondra Williams appealed an order granting summary judgment to defendant Erie County Medical Center Corporation. Williams sought damages for injuries sustained from a slip and fall on water in the hospital's dietary corridor. The Appellate Division affirmed the Supreme Court's order, concluding that the defendant successfully established it neither created the dangerous condition nor had constructive notice of it. Plaintiff's speculative claim about the water's origin and the lack of visible water before the fall were deemed insufficient to raise a triable issue of fact.

slip and fallpremises liabilitysummary judgmentconstructive noticeappellate reviewNew York lawhospital negligenceduty of caretortsevidence
References
8
Case No. MISSING
Regular Panel Decision

ERI Consulting Engineers, Inc. v. Swinnea

This case concerns a dispute between former business partners Larry G. Snodgrass and J. Mark Swinnea, who co-owned ERI Consulting Engineers, Inc. and Malmeba Company, Ltd. Snodgrass and ERI bought out Swinnea's interest, but Swinnea was found to have fraudulently induced the agreement and breached fiduciary duties by secretly forming a competing company, Air Quality Associates, and later Brady Environmental. The trial court awarded damages and equitable forfeiture, but the court of appeals reversed. The Supreme Court of Texas held that equitable forfeiture of contractual consideration is an available remedy for fraudulent inducement and breach of fiduciary duty, even without proof of actual damages, and reversed the court of appeals on this point, remanding for further review. Additionally, the Supreme Court found sufficient evidence for some lost profits, reversing the 'take nothing' judgment and remanding for potential remittitur, while affirming that Brady Environmental was not liable for civil conspiracy.

Fiduciary DutyFraudulent InducementEquitable ForfeitureContractual ConsiderationLost ProfitsCivil ConspiracyBreach of ContractDamagesRemittiturAppellate Review
References
23
Case No. No. 14
Regular Panel Decision
Mar 26, 2020

The Matter of the Claim of Sandra L. O’Donnell v. Erie County

Claimant Sandra L. O’Donnell, an employee of Erie County, received a Workers’ Compensation Board award for loss of post-accident earnings due to a permanent partial disability. Employer Erie County and its carrier challenged this, arguing O’Donnell failed to show efforts to find work. The Workers’ Compensation Board initially upheld the award, applying a discretionary inference from Matter of Zamora v New York Neurologic Assoc., but later admitted a departure from its administrative precedent. The New York Court of Appeals reversed the Appellate Division's decision, remitting the case. The Court clarified that while the 2017 amendment to WCL § 15 (3) (w) eliminated post-classification labor market attachment obligations, it did not alter pre-classification requirements. The matter is remanded for the Board to explain its rationale and any departure from its established precedent.

Workers' Compensation LawPermanent Partial DisabilityLoss of Wage-Earning CapacityLabor Market AttachmentInvoluntary RetirementAdministrative PrecedentStatutory InterpretationRemandNew York Court of AppealsWCL Section 15(3)(w)
References
15
Case No. MISSING
Regular Panel Decision

Claim of Veach v. County of Erie

The case concerns an appeal from a disability award made to a claimant, employed as a housekeeper for Louise Swiderski, against the County of Erie, Department of Social Welfare. The Workers' Compensation Board had found that Mrs. Swiderski acted as the County's agent in employing the claimant, establishing an employer-employee relationship. The court, however, found no substantial evidence to support this finding, rejecting the arguments that the County exerted control or was the actual payor of wages through Mrs. Swiderski's welfare budget. Consequently, the court reversed the Board's decision and dismissed the claim.

employment statusaccidental injuryhousekeeperwelfare benefitsagency relationshipemployer liabilityworkers' compensationappellate reviewinsufficient evidencesocial welfare department
References
1
Case No. MISSING
Regular Panel Decision

Cunningham v. Erie Railroad

The plaintiff, Samuel Cunningham, was discharged from the Erie Railroad Company in 1955. He had sued the Railroad and The United Railroad Workers of America, Inc., C.I.O., Local 1463, alleging discriminatory expulsion from the Union and wrongful discharge by the Railroad. After an initial dismissal for lack of jurisdiction, which was reversed by the Court of Appeals in 1959, the case was retried in 1965. The District Court found that the Union engaged in "hostile discrimination" against Cunningham regarding his dues payments, treating him differently from other members. Consequently, his discharge by the Railroad, based on the Union's request, was deemed unlawful under the Railway Labor Act and the Union Shop Agreement. The court granted judgment in favor of Cunningham against both defendants for $9,583 in damages, with the Union liable to indemnify the Railroad.

Railway Labor ActUnion Shop AgreementHostile DiscriminationWrongful DischargeDues PaymentSeniority RightsIndemnificationLabor LawFederal CourtDamages
References
1
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