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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

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. MISSING
Regular Panel Decision
May 20, 1981

Leahey v. Turner Construction Co.

Plaintiff James Leahey, an employee of Gerald Lollo & Sons, Inc. (a subcontractor for Turner Construction Company and Otis Elevator Company), was injured in 1974 at a construction site in Yonkers, New York. He tripped over a roll of wire from a cyclone fence near a workers' shanty, twisting his knee. Leahey sued Turner and Otis, who then brought a third-party action against Lollo. The trial court denied the defendants' request to instruct the jury on contributory negligence, believing Labor Law § 241 (6) imposed strict liability. The appellate court found this to be an error of law, stating that contributory negligence is a defense to the statute in issue. The judgment awarding Leahey damages was reversed, and the case was remanded for a new trial.

Construction accidentLabor LawContributory negligenceStrict liabilityJury instructionRemandWorkplace safetySubcontractor liabilityGeneral contractor liabilityPremises liability
References
1
Case No. MISSING
Regular Panel Decision

Jaehn v. Lahr Construction Corp.

Plaintiff sustained injuries after falling while repositioning a prefabricated interior staircase at a construction site. The staircase abruptly fell into the stairwell, causing the plaintiff to fall on top of it. Plaintiff commenced an action seeking damages for these injuries, alleging liability under Labor Law § 240 (1) against Lahr Construction Corp., doing business as LeCesse Construction Company, Winchester Construction Corp., Cloverwood Senior Living, Inc., and Rochester Friendly Senior Services. The Supreme Court granted the plaintiff's motion for partial summary judgment on the issue of liability. The defendants and third-party defendants appealed this amended order. The appellate court affirmed the lower court's decision, ruling that the worksite was 'elevated' as per Labor Law § 240 (1) and the defendants' failure to provide necessary safety devices established their liability for the plaintiff's injuries.

Personal InjuryConstruction AccidentFall from ElevationLabor LawStatutory LiabilitySummary JudgmentAppellate ReviewWorksite SafetyStaircase AccidentElevated Work
References
3
Case No. 2015 NY Slip Op 02049
Regular Panel Decision
Mar 17, 2015

Turner Construction Co. v. Harleysville Worcester Insurance

Plaintiffs, Turner Construction Company et al., appealed a judgment declaring that Harleysville Worcester Insurance Company was not obligated to defend or indemnify them in an underlying personal injury action. The Appellate Division, First Department, modified the judgment to explicitly declare Harleysville's non-obligation and otherwise affirmed the dismissal of the complaint against Harleysville. The court ruled that even if plaintiffs had additional insured status, they were not entitled to coverage due to their failure to provide timely notice of the occurrence to Harleysville, notifying the insurer nine months after the accident and over two months after the personal injury action commenced. The court found plaintiffs' belief that no claim would be asserted against them to be unreasonable, given their awareness of the injured worker's severe accident at the construction site.

Insurance CoverageNotice RequirementAdditional InsuredTimeliness of NoticePersonal InjuryConstruction AccidentDuty to DefendDuty to IndemnifyAppellate DecisionUnreasonable Delay
References
3
Case No. MISSING
Regular Panel Decision
Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Plaintiffs appealed an order that granted summary judgment to defendants Turner Construction Company and Louis P Ciminelli Construction Co., Inc., dismissing their complaint in a personal injury action arising from a construction accident involving Robert Uzar. The Supreme Court's decision was affirmed, with the appellate court determining that Turner, as construction manager, was not liable under Labor Law § 241 (6) because it lacked responsibility for worker safety and control over subcontractors. Additionally, Ciminelli was found not liable under common-law negligence and Labor Law § 200 as it did not have supervisory control over the plaintiff's work or create the dangerous condition. The appellate court rejected the plaintiffs' contention that Turner acted as a general contractor or agent of the County, and similarly found no triable issue of fact regarding Ciminelli's liability. Therefore, the order dismissing the complaint was unanimously affirmed.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review
References
11
Case No. ADJ9032579
Regular
Oct 28, 2016

EDWARD DUARTE vs. HOFFMAN CONSTRUCTION COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADJUSTED BY AIG

This case involves Edward Duarte and his employer, Hoffman Construction Company, and their insurer. The Workers' Compensation Appeals Board issued an order dismissing a Petition for Removal previously filed by a petitioner. This dismissal occurred because the petitioner voluntarily withdrew the petition. Therefore, the appeal is concluded based on the withdrawal.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardHoffman Construction CompanyNational Union Fire InsuranceADJ9032579Oakland District OfficeAugust 22 2016 decisionwithdrawn petitionDeidre E. Lowe
References
0
Case No. MISSING
Regular Panel Decision

Claim of Rosato v. Thunderbird Construction Co.

An ironworker, employed by Thunderbird Construction Company, was injured while working for Karl Koch Erecting Company. Initially, Thunderbird provided workers' compensation benefits. Later, in a federal court action, Koch asserted the claimant was its special employee, aiming to avoid liability through workers' compensation exclusivity. The Workers’ Compensation Board found a special employment relationship and held both companies equally liable. The Appellate Division reversed, concluding there was insufficient evidence of a clear transfer of control from Thunderbird to Koch, thus presuming general employment with Thunderbird continued. The case was remitted to the Board for further proceedings consistent with this decision.

Workers' CompensationSpecial EmploymentGeneral EmploymentEmployer LiabilityControl TestAppellate ReviewConstruction IndustryIronworker InjuryNew York LawRespondeat Superior
References
12
Case No. 2008 NY Slip Op 30920(U)
Regular Panel Decision
Mar 31, 2008

Silverite Construction Co. v. One Beacon Insurance

Plaintiffs Silverite Construction Company, Inc. and the New York City Department of Environmental Protection's motion for summary judgment was denied, and defendant One Beacon Insurance Company's motion for summary judgment was granted and affirmed. The court rejected plaintiffs' excuse for their 2 1/2-month late notice of a worker's injury, citing evidence such as the worker's removal by ambulance, an accident report, missed work, limited duties upon return, and a filed notice of claim. One Beacon's disclaimer was deemed timely following a brief investigation into the plaintiffs' status as additional insureds. This decision highlights the necessity of timely notification in insurance claims, irrespective of the perceived likelihood of a claim.

Summary JudgmentInsurance LawLate NoticeWorker InjuryAdditional InsuredDisclaimerAppellate ReviewConstruction SiteAccident ReportTimely Notice
References
1
Case No. MISSING
Regular Panel Decision
Feb 04, 2004

HRH Construction Interiors, Inc. v. Royal Surplus Lines Insurance

This case involves HRH Construction Interiors, Inc. (HRH) and National Union Fire Insurance Company (National) seeking to establish Royal Surplus Lines Insurance Company's (Royal) obligation to defend HRH in an underlying action and reimburse legal fees. The Supreme Court, New York County, initially ruled that Royal was obligated to defend HRH and reimburse legal fees from December 30, 1999. Upon appeal, this order was modified to change the reimbursement start date to November 22, 2000, and otherwise affirmed. The court rejected Royal's argument that a specific endorsement overrode a general blanket additional insured endorsement, which Royal claimed would make them coprimary insurers with National. The duty to defend was clarified to be triggered upon the commencement of the underlying action against HRH.

Insurance disputeGeneral contractor liabilityAdditional insured endorsementDuty to defendInsurance reimbursementSummary judgmentPolicy interpretationConstruction site accidentPrimary insuranceOther insurance clause
References
0
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