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

Case No. 2015 NY Slip Op 05466 [129 AD3d 1058]
Regular Panel Decision
Jun 24, 2015

Torres v. St. Francis College

Oscar Torres, a janitor, sustained personal injuries after falling from a ladder while cleaning a basketball backboard at St. Francis College. He, along with his wife, brought an action against St. Francis College alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted summary judgment to the defendant, dismissing these causes of action. The Appellate Division, Second Department, affirmed the judgment, finding that the injured plaintiff's work constituted routine maintenance not covered by Labor Law § 240 (1). The court also found no evidence that the defendant created or had notice of a dangerous condition, or had the authority to supervise the plaintiff's work methods, thus dismissing claims under Labor Law § 200 and common-law negligence.

Personal InjuryLabor LawWorkplace SafetySummary JudgmentAppellate ReviewRoutine MaintenanceElevation RisksCommon-Law NegligenceLadder FallPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Meling v. St. Francis College

Barbara Meling sued St. Francis College and its president, Donald Sullivan, alleging wrongful termination due to physical disabilities, violating the Americans with Disabilities Act and the Rehabilitation Act. A jury found in Meling's favor, awarding $225,000 in compensatory damages and $150,000 in punitive damages. The defendants' motions for judgment as a matter of law, a new trial, and to set aside punitive damages were denied, upholding the jury's verdicts. The court also granted Meling $141,251 in back pay with interest and ordered her reinstatement as an Assistant Professor of Physical Education. However, her request for reinstatement with tenure was denied, as the court opted not to intervene in the university's tenure decision-making process.

Disability discriminationWrongful terminationAmericans with Disabilities ActRehabilitation ActCompensatory damagesPunitive damagesBack payReinstatementTenureAcademic freedom
References
24
Case No. 2017 NY Slip Op 03157
Regular Panel Decision
Apr 26, 2017

Grella v. St. Francis Hospital

Patricia Grella appealed a Supreme Court order that granted summary judgment dismissing her complaint against St. Francis Hospital and Heart Center Federal Credit Union. Grella alleged unlawful age discrimination under the Human Rights Law and retaliation under Labor Law § 215, stemming from her separation from employment in 2011. She contended she was discharged due to her age (50 and replaced by a 25-year-old) and in retaliation for complaining about an inconsistent vacation day policy. The Appellate Division, Second Department, affirmed the lower court's decision. While the court acknowledged triable issues of fact regarding Grella's prima facie age discrimination claim, it ultimately found that the defendants had presented legitimate, non-discriminatory reasons for her termination (aggressive behavior) and that Grella failed to demonstrate these reasons were a pretext for discrimination. Furthermore, her retaliation claim failed as she did not identify a specific provision of the Labor Law that she reasonably believed was violated.

Age DiscriminationRetaliationSummary JudgmentHuman Rights LawLabor LawPrima Facie CasePretextAppellate ReviewEmployment LawDischarge
References
25
Case No. 11-22-00085-CV
Regular Panel Decision
Aug 24, 2023

George Francis Sheehan, Jr. v. Pamela Sheehan

This is an appeal from a final decree of divorce where Appellant, George Francis Sheehan, Jr., contended the trial court erred by characterizing proceeds from an underinsured-motorist-claim settlement as community property. George was involved in a motor vehicle accident in 2014 and received a UIM settlement of $1,250,000 in 2019, with a net amount of $710,724.25 deposited into a joint checking account with Pamela Sheehan before their final separation. George argued the funds were his separate property based on a second settlement agreement executed after the funds were received and disbursed, which allocated proceeds to personal injury damages. The Eleventh Court of Appeals, however, found the first settlement agreement, executed contemporaneously with the mediation, did not allocate specific damages and that the later agreement did not alter the marital property characterization. The court concluded that George failed to meet his burden to prove by clear and convincing evidence which portion of the settlement proceeds was his separate property, as the first settlement released both community and separate property claims. Therefore, the appellate court affirmed the trial court's judgment.

divorcecommunity propertyseparate propertyunderinsured motorist claimsettlement proceedsmarital propertyabuse of discretionclear and convincing evidencepersonal injury damagesTexas Family Code
References
20
Case No. 2019 NY Slip Op 06028
Regular Panel Decision
Aug 01, 2019

Matter of Francis v. Buckbee Mears Cortland

Claimant Michelle I. Francis sustained a work-related back injury in 1995, receiving benefits until 2003 when liability shifted to the Special Fund for Reopened Cases. After a request for medical treatment in 2010 was resolved without prejudice, claimant successfully sought authorization for lumbar surgery in 2015. However, a subsequent request for lost wage compensation in 2016 was opposed by the Special Fund, which argued that Workers' Compensation Law § 123 barred further awards. The Workers' Compensation Board agreed, finding the case truly closed as of January 12, 2011, and that more than 18 years had passed since the injury and eight years since the last payment. Claimant appealed this Board decision, but the Appellate Division, Third Department, dismissed the appeal as untimely, noting that the notice of appeal was filed beyond the 30-day statutory period.

Untimely AppealStatute of LimitationsReopened CasesSpecial FundIndemnity BenefitsLumbar SurgeryWorkers' Compensation LawAppellate DivisionClaim ClosureBoard Decision
References
2
Case No. 01-04-00095-CV
Regular Panel Decision
Jul 07, 2005

Daniel Lopez v. the Homebuilding Company, Inc., and Francis Edmon Waddle

Daniel Lopez, who sustained injuries from a fall while performing stone masonry work, appealed a final summary judgment rendered in favor of The Homebuilding Company, Inc. and Francis Edmon Waddle (Homebuilding). The judgment dismissed Lopez’s negligence and gross negligence claims. Homebuilding argued Lopez was an employee of an independent contractor, to whom they owed no legal duty. Lopez contended the trial court erred by granting summary judgment due to fact issues on Homebuilding's control over his work, unaddressed premises-defect theory, and the potential extension of the "deemed employer" doctrine. The appellate court affirmed the trial court’s judgment, concluding Lopez failed to raise a fact issue on premises-defect or actual control by Homebuilding, and waived the "deemed employer" argument.

Summary JudgmentNegligence ClaimsGross Negligence ClaimsIndependent ContractorPremises LiabilityGeneral Contractor DutyRight of ControlFall ProtectionSubcontractor LiabilityAppellate Review
References
17
Case No. 2023 NY Slip Op 00951 [213 AD3d 555]
Regular Panel Decision
Feb 21, 2023

Francis v. 3475 Third Ave. Owner Realty, LLC

Plaintiff Benedict Francis appealed the denial of his motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against various defendants, and the granting of summary judgment to 3475 Third Avenue MM LLC dismissing the complaint. The appellate court found that the plaintiff made a prima facie showing of entitlement to summary judgment on his Labor Law § 240 (1) claim, as his testimony indicated his injuries were proximately caused by the collapse of unsecured scaffold planks, leading to a 16-foot fall. The court rejected the defendants' argument that plaintiff was the sole proximate cause, reiterating that a statutory violation precludes such a defense. Consequently, the court modified the order to grant plaintiff's motion on the Labor Law § 240 (1) claim against 3475 Third Avenue Owner Realty, LLC, Real Builders, Inc., and 3475 Third Avenue Housing Development Fund, and otherwise affirmed the lower court's decision, thus not needing to address the Labor Law § 241 (6) claim.

Scaffold CollapseSummary JudgmentProximate CauseRecalcitrant Worker DefenseStatutory ViolationConstruction AccidentWorkplace SafetyAppellate ReviewPersonal Injury ClaimProperty Owner Liability
References
3
Case No. 11-17-00130-CV
Regular Panel Decision
Jun 28, 2019

Francis Gonzales, Individually and as Surviving Widow of Carlos Gonzales v. Brad Williams D/B/A Brad Williams Farms

Appellant Francis Gonzales, individually and as the surviving widow of Carlos Gonzales, appealed a summary judgment granted in favor of Appellee Brad Williams d/b/a Brad Williams Farms. The lawsuit stemmed from Carlos Gonzales's death in a single-vehicle accident while in the course and scope of employment with Appellee, a nonsubscriber under the Texas Workers’ Compensation Act, alleging negligence and gross negligence. Appellee asserted an intoxication defense based on a toxicology report showing multiple controlled substances in Carlos's blood. Appellant argued a lack of reasonable notice for a summary judgment rehearing and the existence of material fact issues, but the appellate court affirmed. The court found that the second hearing did not require new notice and that Appellant failed to rebut the presumption of intoxication, noting that the cause of the accident was irrelevant to the intoxication defense.

Workers' Compensation ActSummary JudgmentIntoxication DefenseWrongful DeathNegligenceGross NegligenceMedical Examiner ReportToxicology ReportControlled SubstancesBurden of Proof
References
13
Case No. 14-00-00569-CV
Regular Panel Decision
Jun 19, 2003

Michael T. Willis, Francie Willis, Willis Hite Enterprises, Inc. and Urban Retreat of Houston, Inc. v. Dan Donnelly

This case is a double appeal concerning shareholder ownership in two closely held corporations, breach of fiduciary duty, breach of contract, and attorney’s fees. Appellants Michael T. Willis, Francie Willis, Willis Hite Enterprises, Inc., and Urban Retreat of Houston, Inc., sought to overturn a judgment awarding Dan Donnelly damages for breach of contract and fiduciary duty, and a constructive trust. Cross-appellant Dan Donnelly challenged the attorney's fees awarded to Mike Willis for a defaulted loan. The court affirmed the breach of fiduciary duty judgment but reversed and remanded the breach of contract claim due to an erroneous damages instruction. The constructive trust on stock was reversed, and the trust on realty was remanded for an election of remedies. Attorney's fees for both parties were reversed and remanded for proper segregation and redetermination.

Shareholder DisputeBreach of Fiduciary DutyBreach of ContractCorporate GovernanceClosely Held CorporationAttorney's FeesConstructive TrustStatute of LimitationsElection of RemediesDamages Calculation
References
121
Case No. MISSING
Regular Panel Decision

New York Ex Rel. Spitzer v. Saint Francis Hospital

The State of New York initiated an antitrust action against St. Francis Hospital, Vassar Brothers Hospital, and Mid-Hudson Health, alleging violations related to rate-fixing and market division. Following a Final Consent Judgment, a dispute arose regarding St. Francis's claim for cardiac services payment from Vassar during the dissolution of Mid-Hudson. Vassar moved the court to construe the Final Consent Judgment. The court ruled that St. Francis's payment claim was precluded and mandated St. Francis's participation in Mid-Hudson's voluntary dissolution. Furthermore, the court ordered the State to notify the New York State Department of Health of this decision to support Vassar's cardiac catheterization laboratory application.

Antitrust LawConsent Judgment InterpretationHospital MergerMarket DivisionRate FixingCardiac ServicesDissolution of EntityContract DisputeNew York State Department of HealthJudicial Preclusion
References
26
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