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Case No. Action No. 1 and Action No. 2 Consolidated

Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue

References

Case No. MISSING

Regular Panel Decision

Goodrich v. Watermill Townhouses, Inc.

Kevin Goodrich, an employee of Rhinebeck Renovators, filed a Labor Law § 240 case against Watermill Townhouses, Inc., after sustaining injuries from a ladder accident on October 16, 1991, at the Watermill Townhouse complex. Goodrich moved for summary judgment on liability, claiming the unsecured ladder violated Labor Law § 240 (1). Watermill and Rhinebeck Renovators cross-moved for summary judgment, arguing Watermill was not an "owner" under Labor Law § 240. The court determined that Watermill qualified as an "owner" due to its board's managerial control over common areas and contractor hiring. However, the court denied Goodrich's motion for summary judgment on liability, citing factual discrepancies in the accident's cause, as Goodrich's accounts to authorities and medical professionals differed from his current claim. Consequently, both the plaintiff's motion and the cross-motions were denied due to unresolved questions of fact.

Labor Law § 240Summary JudgmentLadder AccidentConstruction Site InjuryOwner LiabilityThird-Party DefendantFactual DisputeCredibility IssueNegligenceWorkplace Safety

References

Case No. ADJ4634338 (MON 02262377) ADJ614711 (MON 0288710)

Regular

Dec 07, 2009

NINA GOODRICH vs. UNILAB/QUEST DIAGNOSTICS, SEDGWICK CLAIMS MANAGEMENT SERVICES, AMERICAN CASUALTY CO. OF READING, PA, CNA CLAIMSPLUS, VALLEY HEALTH SYSTEMS, TRISTAR RISK MANAGEMENT, ZURICH INSURANCE CO.

Zurich's petition for reconsideration of the June 24, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration is denied for the reasons stated in prior opinions.

Workers' Compensation Appeals BoardNina GoodrichUnilab/Quest DiagnosticsSedgwick Claims Management ServicesAmerican Casualty Co.Valley Health SystemsTristar Risk ManagementZurich Insurance Co.Labor Code section 5500.5Arbitration Finding of Facts

References

Case No. ADJ4634338 (MON 0262377)

Regular

Jun 24, 2009

NINA GOODRICH vs. UNILAB/QUEST DIAGNOSTICS, SEDGWICK CLAIMS MANAGEMENT SERVICES, AMERICAN CASUALTY CO. OF READING, PA, CNA CLAIMSPLUS, VALLEY HEALTH SYSTEMS, TRISTAR RISK MANAGEMENT, ZURICH INSURANCE CO.

This case concerns a dispute over contribution claims following a cumulative injury to the applicant. The Workers' Compensation Appeals Board granted reconsideration, rescinded an arbitration finding, and remanded the matter for further proceedings. The Board found that Sedgwick, which paid over $180,000 in benefits, was not required to file a petition for contribution under section 5500.5 because it was not a signatory to the Compromise and Release (C&R). Furthermore, the Board held that even if Sedgwick had been required to file, the co-defendant CNA would be estopped from asserting the statute of limitations due to stipulations in the C&R reserving contribution rights. The Board concluded Sedgwick's claim for reimbursement was not time-barred.

Workers' Compensation Appeals BoardNina GoodrichUnilabQuest DiagnosticsSedgwick Claims Management ServicesAmerican Casualty Co.CNA ClaimsplusValley Health SystemsTristar Risk ManagementZurich Insurance Co.

References

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Government Employees Insurance v. Uniroyal Goodrich Tire Co.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue

Goodrich v. Watermill Townhouses, Inc.

Labor Law § 240Summary JudgmentLadder AccidentConstruction Site InjuryOwner LiabilityThird-Party DefendantFactual DisputeCredibility IssueNegligenceWorkplace Safety

NINA GOODRICH vs. UNILAB/QUEST DIAGNOSTICS, SEDGWICK CLAIMS MANAGEMENT SERVICES, AMERICAN CASUALTY CO. OF READING, PA, CNA CLAIMSPLUS, VALLEY HEALTH SYSTEMS, TRISTAR RISK MANAGEMENT, ZURICH INSURANCE CO.

Zurich's petition for reconsideration of the June 24, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration is denied for the reasons stated in prior opinions.