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

Case No. MISSING
Regular Panel Decision

Amatulli v. Delhi Construction Corp.

Judge Titone dissents from the majority's decision to dismiss the claim against Seaspray Sharkline, Inc., the manufacturer of a shallow swimming pool. Plaintiff Vincent Amatulli suffered serious injuries after diving into the pool, which had been installed in-ground and and encircled by a deck, allegedly creating an illusion of depth. Titone argues that the majority misapplied the "substantial alteration" rule from Robinson v Reed-Prentice Div., asserting that the in-ground installation constitutes a foreseeable "unintended use" or "misuse" rather than a physical alteration of a safety feature. He contends that the expert's affidavit, stating that in-ground installation of above-ground pools is a well-known industry practice, provides sufficient evidence to establish manufacturer foreseeability and a duty to warn, a matter that should be resolved by a jury. He concurs with part III of the majority's analysis, which upholds claims against the other defendants.

Product LiabilityDesign DefectFailure to WarnStrict Products LiabilityForeseeable MisuseSubstantial AlterationSwimming Pool InjuryManufacturer LiabilityExpert EvidenceSummary Judgment
References
13
Case No. MISSING
Regular Panel Decision

Acquisto v. Manitowoc Co.

The plaintiff brought claims for negligent product design and strict products liability after suffering injuries from a slip and fall allegedly caused by a defectively designed ice dispenser. The defendant, the manufacturer of the ice dispenser, moved for summary judgment. United States District Judge Lawrence J. Vilardo, adopting the recommendation of Magistrate Judge Jeremiah J. McCarthy, granted summary judgment to the defendant. The court determined that the plaintiff failed to present sufficient evidence to establish a substantial likelihood of harm from the product's design, even considering foreseeable misuse. The expert testimony also lacked foundational facts and industry standards to prove an unreasonably unsafe design under New York law.

Product LiabilityDesign DefectSummary JudgmentForeseeable MisuseRisk-Utility AnalysisExpert Witness TestimonyFederal Civil ProcedureIce DispenserSlip and FallNegligent Design
References
38
Case No. MISSING
Regular Panel Decision

Fabrizi v. 1095 Avenue of the Americas, L.L.C.

Plaintiff, an electrician for Forest Electric Corp., was injured at a New York County job site when a galvanized steel conduit pipe fell and struck his hand. He was repositioning a 'pencil box' connected to the conduit system, which became unsecured after he cut the conduit and removed its supports. The case revolves around Labor Law § 240 (1), specifically whether defendants failed to provide adequate safety devices to prevent the falling object. The court modified a lower court order, denying plaintiff's motion for summary judgment on liability due to an unresolved issue of fact concerning the adequacy of provided safety devices versus plaintiff's alleged misuse. Dissenting opinions focused on the foreseeability of the risk and whether plaintiff's actions were the sole proximate cause of the accident.

Labor Law § 240(1)Falling ObjectsConstruction Site AccidentSummary JudgmentProximate CauseSafety DevicesElevation RiskWorker InjuryAppellate Court DecisionElectrical Work
References
28
Case No. MISSING
Regular Panel Decision

Allen v. Connolly

This case concerns an appeal by Tracy Dawn Allen, an employee who was robbed and sexually assaulted at her workplace, Traci Connolly d/b/a Traci Connolly Insurance. Allen sued her employer for negligence, alleging a failure to provide a safe workplace and adequate training on an alarm system. The trial court granted summary judgment for Connolly, finding no foreseeable risk of harm. The appellate court, presided over by Justice KEM THOMPSON FROST, affirmed this decision. The court applied the foreseeability analysis from Timberwalk Apartments, Partners, Inc. v. Cain to the employer-employee context, concluding that Connolly had no reason to foresee a violent criminal act on her premises, thus negating a duty of care. The court found Allen's evidence of prior criminal activity insufficient to establish foreseeability.

negligenceforeseeabilitypremises liabilityemployer liabilitysummary judgmentthird-party criminal actssafe workplacesexual assaultaggravated robberyTexas law
References
6
Case No. MISSING
Regular Panel Decision

Union Pacific Railroad v. Williams

Seymour Williams, a former Union Pacific Railroad Company employee, filed a Federal Employers' Liability Act (FELA) claim for injuries sustained at a train derailment site. The trial court declined Union Pacific's proposed foreseeability instruction, leading to a jury verdict for Williams, which was affirmed by the court of appeals. The Supreme Court reversed this decision, holding that the trial court erred by not submitting a foreseeability instruction when evidence regarding the railroad's knowledge of dangerous conditions was disputed. The court clarified that foreseeability is an "essential ingredient" of the railroad's duty under FELA, and conflicting testimony necessitated jury deliberation on this element. The case was remanded for further proceedings.

FELARailroad NegligenceForeseeabilityJury InstructionsDuty of CareRemandAppellate ReviewTrial ProcedureWorkplace InjuryEmployer Liability
References
23
Case No. MISSING
Regular Panel Decision

Barton v. Whataburger, Inc.

This negligence case involves Rose Barton's appeal against Whataburger, Inc., following the aggravated robbery and murder of her son, Christopher Dean, a Whataburger employee. Barton alleged Whataburger was negligent in hiring manager Gregory Love, who conspired in the robbery, and in failing to provide a safe workplace or prevent the crime. The court affirmed the trial court's summary judgment in favor of Whataburger, concluding that the criminal acts leading to Dean's death were not foreseeable as a matter of law. The court examined Love's prior convictions (cocaine dealing, child support nonpayment) and past criminal incidents at the restaurant, deeming them insufficient to establish the foreseeability of such a violent crime. It also addressed the application of premises liability foreseeability standards to employer duties.

NegligenceWrongful DeathEmployer LiabilityPremises LiabilityForeseeabilityAggravated RobberyMurderSummary JudgmentTexas LawCriminal Acts
References
67
Case No. CV99-4341 (BMC) (RML)
Regular Panel Decision
Feb 07, 2007

Ramey v. District 141, International Ass'n of MacHinists & Aerospace Workers

This case addresses several motions related to damages following a prior finding that defendant breached its duty by improperly stripping plaintiffs' seniority rights. The court examined the foreseeability of the September 11th attacks causing layoffs in the airline industry, concluding it was not foreseeable. However, the financial decline and subsequent bankruptcy of U.S. Airways were deemed potentially foreseeable causes of injury. The decision clarifies that the burden of proof for showing the September 11th attack as a superseding cause lies with the defendant. Additionally, claims for damages from voluntary furloughs or early retirement are to be analyzed under a mitigation of damages framework, with the defendant bearing the burden to prove plaintiffs acted unreasonably. Finally, the court ruled that the damages request is incidental to the primary request for injunctive relief, therefore, the remaining issues will be tried to the Court, not a jury.

ForeseeabilityProximate CauseSeptember 11th AttacksAirline IndustryLayoffsSeniority RightsBankruptcyDamages ClaimsMitigation of DamagesConstructive Discharge
References
15
Case No. MISSING
Regular Panel Decision

Ortega v. City of New York

This case addresses whether a plaintiff seeking summary judgment on a Labor Law § 240 (1) claim must establish foreseeability as part of their prima facie case. Plaintiff Cesar Ortega was injured during the Second Avenue Subway Tunnel Construction Project when a tremie rack, acting as an elevated work platform, tipped over. The Supreme Court denied Ortega's motion for partial summary judgment, citing issues of foreseeability and the lack of expert testimony. On appeal, the court reversed this decision, holding that foreseeability is generally not required for Labor Law § 240 (1) claims, except in cases involving the collapse of permanent structures. The court clarified that a plaintiff only needs to show injury during a covered activity due to inadequate safety devices, and found that the tremie rack's unsecured state constituted a failure to provide adequate protection against a gravity-related hazard.

Labor Law § 240 (1)ForeseeabilitySummary JudgmentScaffold LawElevation-related hazardConstruction accidentTremie rackAppellate DivisionNew York Labor LawPrima facie case
References
17
Case No. MISSING
Regular Panel Decision

Union Pump Co. v. Allbritton

Justice Cornyn's concurring opinion in 'Allbritton's Claim' highlights the historical development of causation in American and Texas jurisprudence, criticizing the Court's opinion for conflating foreseeability and cause-in-fact. He advocates for a bifurcated causal analysis, distinguishing between cause-in-fact (using 'but for' and 'substantial factor' tests as factual inquiries) and legal/proximate cause (incorporating foreseeability and policy-based limitations on liability). Applying this framework to Sue Allbritton's injury, Justice Cornyn argues that while the defective pump was a cause-in-fact, neither Union Pump's negligence nor the defective pump was a legal cause or producing cause of her injury. This is because her injury was not foreseeable and did not occur in a natural and continuous sequence from the defect, but rather resulted from a dangerous shortcut taken after the crisis had subsided, placing her outside the scope of products liability protection. Consequently, he concurs in the Court's judgment, which effectively denies Allbritton's claim, but for the distinct reasons outlined in his analysis.

CausationNegligenceProducts LiabilityForeseeabilityCause-in-FactProducing CauseSubstantial FactorTexas Supreme CourtLegal RealismTort Law
References
37
Case No. NO. 14-03-00622-CV
Regular Panel Decision
Jan 27, 2005

Tracy Dawn Allen v. Traci Connolly D/ba/ Traci Connolly Insurance, State Farm Mutual Automobile Insurance Company

In this summary-judgment case, the court addresses whether there was a foreseeable risk of harm giving rise to an employer's duty to protect employees from the criminal acts of third parties. Appellant Tracy Dawn Allen challenges the trial court's summary judgment in favor of her former employer, appellee Traci Connolly d/b/a Traci Connolly Insurance. Allen, an employee, was robbed and sexually assaulted by an armed assailant at work. She alleged Connolly failed to provide a safe workplace and proper training for a security system. Connolly successfully argued in the trial court that no foreseeable risk of harm existed, and thus, no duty was owed under the Timberwalk standard. The appellate court, applying the Timberwalk analysis, found insufficient evidence of prior similar criminal activity to establish foreseeability of a violent act. Consequently, the court concluded that Allen's negligence claim against Connolly fails and affirmed the trial court's judgment.

Summary JudgmentEmployer LiabilityPremises LiabilityThird-Party Criminal ActsForeseeability of HarmNegligenceSafe WorkplaceSexual AssaultAggravated RobberySecurity System
References
6
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