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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Nov 13, 2000

Rosenberg v. Ben Krupinski General Contractors, Inc.

Robert Rosenberg, an employee of an alarm company, was allegedly injured after tripping over cardboard at a construction site. He and his wife sued Ben Krupinski General Contractors, Inc. (the general contractor) and Dave Mims Fifth Generation Painting Contractors (a subcontractor) under Labor Law §§ 200 and 241 (6). The Supreme Court granted summary judgment to Mims but denied Krupinski's motion for similar relief. On appeal, the order was modified; Krupinski's motion for summary judgment dismissing the Labor Law § 200 claim was granted, as Krupinski established it had no authority to control the activity causing the injury. However, the motion for summary judgment on the Labor Law § 241 (6) claim was properly denied due to triable issues of fact regarding whether the accident occurred in a passageway or work area and whether specific regulations (12 NYCRR 23-1.7 (e) (1) or (2)) were violated, and whether Krupinski was still the general contractor at the time of the accident.

Personal InjuryConstruction AccidentGeneral Contractor LiabilitySummary JudgmentSafe Place to WorkAppellate DivisionTriable Issue of FactLabor Law CompliancePremises LiabilitySubcontractor
References
3
Case No. 02-23-00271-CV
Regular Panel Decision
May 02, 2024

Russell Scott Donaldson, as Next Friend of His Grandchildren: L.A., R.A., A.A. and R.S.A., the Heirs of Robert John Aquino, III v. Pro-Craft General Contractors, Inc.

Robert John Aquino, III, sued his employer, Pro-Craft General Contractors, Inc., for premises liability and employment-related negligence after sustaining an injury from a nail at a worksite. The trial court granted a no-evidence summary judgment on the premises liability claim and a take-nothing judgment on all claims, despite the motion only addressing premises liability. Aquino's heirs, through their next friend, appealed, contending that evidence existed to create a fact issue on the premises liability claim and that the judgment on the negligence claim exceeded the scope of the motion. The appellate court found that Aquino's deposition testimony provided more than a scintilla of evidence that Pro-Craft's crew created the dangerous condition, thus supporting an inference of knowledge. Additionally, the court ruled that the summary judgment on the negligence claim was erroneous as it was not addressed in the underlying motion. The trial court's summary judgment was therefore reversed, and the case was remanded for further proceedings.

Premises LiabilityEmployment NegligenceSummary JudgmentNo-Evidence MotionDangerous ConditionEmployer LiabilityTexas Appellate LawAppellate ReviewCase ReversalCase Remand
References
20
Case No. MISSING
Regular Panel Decision

Washington v. East 87th & 88th Street Contracting Co.

This case addresses a motion to set aside a $75,000 verdict, focusing on the interpretation of the 1969 amendment to Labor Law section 241 concerning general contractors' liability for construction worker injuries. The plaintiff, injured in 1971 while working for a subcontractor, sued the general contractor, who then sought indemnification from the subcontractor-employer. The court analyzed conflicting appellate decisions regarding whether the amendment eliminated the requirement to establish the general contractor's active control over the work. Ultimately, the court concluded that the law regarding control remains unchanged and set aside the verdict, dismissing the complaints. The decision also delved into policy considerations concerning workmen's compensation as the exclusive remedy against employers and incentives for workplace safety.

Labor Law § 241General Contractor LiabilityConstruction Worker InjurySubcontractor IndemnificationWorkmen's Compensation ActStatutory InterpretationAppellate Division ConflictSafety RegulationsTort ActionEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision

Cromwell General Contractor, Inc. v. Lytle

Cromwell General Contractor, Inc. appealed a Circuit Court judgment that granted workmen's compensation and medical expenses to Allen B. Lytle. The core issue was whether Lytle, a brick washer, was an employee or an independent contractor when he suffered an injury due to a scaffold collapse. The trial court deemed Lytle an employee, citing the defendant's right to control and terminate. However, the appellate court applied multiple tests, including control over work, method of payment (per job/thousand bricks), and who furnished tools and helpers. The Supreme Court found that Lytle largely operated independently, supplying his materials and labor, with limited supervision from Cromwell. Consequently, the court reversed the lower court's decision, classifying Lytle as an independent contractor, and dismissed the compensation claim.

Workers' CompensationIndependent ContractorEmployee StatusScaffold AccidentBrick CleaningControl TestRight of TerminationMethod of PaymentFurnishing ToolsTennessee Law
References
7
Case No. MISSING
Regular Panel Decision
Apr 05, 2007

North Country Insurance v. Jandreau

This appeal concerns an insurer's motion for summary judgment, seeking a declaration that it is not obligated to defend or indemnify a general contractor in a personal injury lawsuit. The underlying action arose when an employee of a roofing subcontractor fell from a roof on a construction site. The insurer disclaimed coverage, alleging the general contractor failed to provide timely notice of the occurrence as per the policy. However, the general contractor claimed a good-faith belief of non-liability, citing the subcontractor's responsibility, notification to the subcontractor's insurer, and the injured worker's disregard for instructions not to access the roof. The Supreme Court denied the insurer's motion, determining that the reasonableness of the general contractor's delayed notice was a factual question suitable for a jury, a decision which the appellate court affirmed.

Insurance CoverageTimely NoticeSummary JudgmentGood-Faith Belief of NonliabilityAppellate ReviewConstruction AccidentGeneral ContractorSubcontractor LiabilityDuty to DefendDuty to Indemnify
References
5
Case No. MISSING
Regular Panel Decision

Traders & General Ins. Co. v. Rhone

This compensation case involves an injured steel worker, Upshur Rhone, and a dispute between two insurance carriers, Traders & General Insurance Company and Casualty Underwriters, over liability for his injuries. The central legal question was whether Rhone was an employee of the general contractor, Beaumont Development Corporation, or its subcontractor, C. H. McDaniel, at the moment of injury, crucial for determining which insurance company was responsible. Rhone was directed by the general foreman, who had authority from both the general contractor and subcontractor, to perform a task related to the subcontractor's steel framework contract. The trial court initially found the general contractor liable, but the appellate court reversed this decision. The appellate court concluded that Rhone remained an employee of the subcontractor, McDaniel, as he was performing work of the same character and using the same tools as his regular employment, making Casualty Underwriters, McDaniel's carrier, ultimately liable.

Workers' CompensationLoaned Servant DoctrineEmployer LiabilityInsurance DisputeSubcontractorGeneral ContractorTexas LawAppellate CourtPersonal InjuryEmployment Status
References
2
Case No. MISSING
Regular Panel Decision

Zurich General Accident & Liability Insurance Co. v. Holmes

This is an appeal in a workmen's compensation case from a District Court judgment in Jefferson County, Texas. The appellant, Zurich General Accident & Liability Insurance Company, Ltd., appealed a judgment for the injured employee, Holmes, regarding the nature and extent of his injury and wage rate. The jury found Holmes suffered a 17.5% partial permanent loss of his right leg's use due to an injury in July 1952 while working for Pure Oil Company. The trial court set his wage rate at $90 per week, leading to a compensation award of $9.45 per week for 200 weeks, less $125 already paid. The appellate court affirmed the trial court's judgment, but reformed it to credit the appellant for the $125 already paid to the appellee.

Wage Rate CalculationPartial Permanent DisabilityLeg Injury CompensationInsurance Carrier AppealJudicial Notice of Employment ConditionsStatutory Wage Computation (Article 8309)Evidence SufficiencyMotion for Instructed VerdictCredit for Advance PaymentsAppellate Judgment Reformation
References
6
Case No. 04-12-00474-CV
Regular Panel Decision
Apr 09, 2014

TOKA General Contractors and Moore Sorrento, LLC v. Wm. Rigg Company

TOKA General Contractors and Moore Sorrento, LLC sued Wm. Rigg Company for negligence, gross negligence, breach of contract, and breach of fiduciary duty after an insurance agent allegedly failed to timely notify carriers of a claim, leading to an arbitration award against Moore Sorrento. The trial court granted Rigg's motion for judgment notwithstanding the verdict (JNOV), rendering a take-nothing judgment. On appeal, the court affirmed the JNOV. It concluded that statutory reductions and settlement credits extinguished Moore Sorrento's recovery and that attorney's fees awarded for prosecuting claims against the insurance carriers were not recoverable as damages under Texas law. The court also found no error in the trial court's refusal to submit breach of fiduciary duty claims to the jury, citing insufficient evidence of a formal agency relationship.

Negligence LawInsurance Agent LiabilityJudgment Notwithstanding VerdictSettlement Credit CalculationAttorney's Fees RecoveryBreach of Fiduciary DutyAgency RelationshipTexas Civil Practice and Remedies CodeAppellate ProcedureTort Law
References
31
Case No. MISSING
Regular Panel Decision
Aug 27, 1997

Samuel v. General Cinema Theaters, Inc.

This case involves the appellate review and affirmation of two orders issued by the Supreme Court, Bronx County. The first order granted summary judgment on liability to a plaintiff laborer under Labor Law § 240 (1), following an injury sustained when a scaffold toppled. The second order denied the third-party plaintiff general contractor's renewed motion for summary judgment regarding contractual and common-law indemnification against the third-party defendant subcontractor, who was the plaintiff's employer. The denial stemmed from unresolved issues of fact concerning the general contractor's supervision and control over the worksite and its authority to address safety violations. Both judicial orders were unanimously affirmed without costs.

Summary JudgmentLabor Law § 240(1)Scaffold AccidentIndemnification ClaimsThird-Party LitigationWorksite SafetyFactual DisputeAppellate ReviewConstruction InjuryEmployer Liability
References
5
Case No. MISSING
Regular Panel Decision
Feb 02, 2004

Chelsea Associates, LLC v. Laquila-Pinnacle

This case involves an appeal concerning an insurance company's duty to defend and indemnify plaintiffs, a general contractor and related entities, in an underlying personal injury action. The injured worker, an employee of a subcontractor, sued the general contractor group after tripping at the job site entrance. The initial court denied summary judgment to the general contractor group, citing questions of fact regarding their negligence and whether the worker's injury arose out of the work. The appellate court reversed this decision, affirming that the general contractor group was an additional insured under the subcontractor's policy. The court found that the injury, occurring en route to work, arose out of the work as a matter of law, and that the general contractor's negligence was immaterial to the additional insured endorsement. Consequently, the insurer was obligated to defend and indemnify the plaintiffs and pay the settlement amount of the underlying action.

Insurance CoverageAdditional Insured EndorsementDuty to DefendDuty to IndemnifyPersonal InjuryGeneral Contractor LiabilitySubcontractor AgreementWorkers' InjuryPremises LiabilitySummary Judgment
References
7
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