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

Case No. 2023 NY Slip Op 05464 [220 AD3d 614]
Regular Panel Decision
Oct 31, 2023

Children's Magical Garden, Inc. v. Marom

This case involves an appeal from an order that granted an adverse inference charge against the defendant for spoliation of evidence. The Supreme Court found the defendant grossly negligent in spoliation. However, the Appellate Division, First Department, determined that the imposed adverse inference charge was inappropriate because it required rather than permitted the jury to draw an adverse inference. Furthermore, due to conflicting testimony, the issues of spoliation and the warrant for an adverse inference should have been presented to the jury first. Consequently, the appellate court modified the order by deleting the specific adverse inference charge, remanding the matter for a new charge, and otherwise affirming the order.

Spoliation of evidenceAdverse inference chargeGross negligenceAppellate reviewEvidentiary sanctionsCivil procedureDiscoveryJury instructionsRemandNew York law
References
3
Case No. 1
Regular
Dec 28, 2009

MOISES MEDINA vs. CONTINENTAL PROCESSING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, INTERCARE

The WCJ's inference that the lien was assigned because claimant failed before trial to affirmatively declare the status of the lien as required by Board Rule 10550(d) was not unreasonable. However, an inference is simply that, a kind of presumption that must be analyzed in light of the entire evidentiary record. Here, other evidence calls the inference into question. The case is returned to the trial level for development of the record.

Workers Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAinsolvencycovered claimsassigneeadverse inferenceBoard Rule 10550(d)lien claimsubstantial justice
References
8
Case No. MISSING
Regular Panel Decision

In re Jennifer M.

In this child abuse and neglect proceeding, the appellate court affirmed the Family Court's order. The child’s out-of-court statements regarding two incidents of sexual abuse were properly admitted, supported by the validation testimony of a social worker whose credentials were stipulated by the parties. The court found sufficient proof to infer that the touching of the child’s vaginal area was for sexual gratification, noting that sexual contact can occur through clothing. Additionally, the Family Court was entitled to draw an unfavorable inference from the respondent’s failure to testify.

Child AbuseChild NeglectSexual AbuseOut-of-Court StatementsCorroboration of TestimonyValidation TestimonySocial Worker TestimonyFamily Court ActUnfavorable InferenceFailure to Testify
References
11
Case No. MISSING
Regular Panel Decision
Dec 17, 1970

MacKendrick v. Newport News Shipbuilding & Dry Dock Co.

The Supreme Court, New York County, affirmed a judgment for the defendant after a directed verdict. The court found no evidence of defendant's negligence in causing argon gas accumulation or a duty owed to the decedent, Gene Mac-Kendrick, either legally or through a repair memorandum. The majority emphasized that negligence cannot be inferred from speculation and highlighted the decedent's employer's responsibility for workplace safety. A dissenting opinion argued that facts supported an inference of defendant's negligence in replacing an argon gas tank and a contractual obligation to provide ventilation, suggesting the case should have been decided by a jury.

NegligenceDirected VerdictArgon GasAsphyxiationDuty of CareSafe Place to WorkContractual ObligationProximate CauseSpeculationAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Williams v. Geddes

This case involves an appeal by an employer against a Workers’ Compensation Board decision that found a claimant to be in covered employment. The central dispute was whether the claimant, hired as a domestic servant, met the minimum 40 hours per week required for workers' compensation coverage under Workers’ Compensation Law § 3 (1), (12). Despite vague testimony, the Board inferred that the full-time live-in arrangement contemplated by the employer involved 40 or more hours weekly. The court affirmed the Board's finding, deferring to its authority to resolve credibility issues and draw reasonable inferences from the evidence.

Workers' CompensationDomestic ServantCovered EmploymentEmployee DefinitionLive-in arrangementCredibilityBoard FindingsStatutory InterpretationNew York LawAppeal
References
1
Case No. ADJ7700512
Regular
Jan 27, 2017

John E. Skaff vs. CITY OF STOCKTON

The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.

Hazard Awareness Recognition ProgramHARP formsadverse inferenceindustrial causationprostate cancerchemical exposuremethamphetamine labspolice officerQualified Medical ExaminerDr. Juan Cesar Larach
References
1
Case No. MISSING
Regular Panel Decision

Kudrov v. Laro Services Systems, Inc.

Justice Saxe dissents from the majority's decision, arguing that the denial of the defendant's motion for summary judgment should be affirmed. The dissent acknowledges the general rule that a slippery floor alone does not infer negligence without proof of negligent wax application. However, the plaintiff, Kudrov, not only described the floor in the Port Authority Bus Terminal as 'shiny, slippery' but also stated that her clothes felt like they had wax on them after her fall. The dissent contends that this specific assertion by the plaintiff permits the inference that an excessive amount of wax was applied, thereby creating a triable issue regarding the defendant's potential negligence in applying wax or buffing the floor. On this basis, the dissent would affirm the denial of summary judgment.

summary judgmentnegligenceslip and fallpremises liabilitywaxed floorevidence of waxtriable issuedissenting opinionManhattanPort Authority Bus Terminal
References
2
Case No. 2018 NY Slip Op 06248 [164 AD3d 1458]
Regular Panel Decision
Sep 26, 2018

Neve v. City of New York

Plaintiff Anthony Neve, a New York City Sanitation worker, was allegedly injured when the seat of a street sweeper he operated collapsed. He sued the City of New York for negligence. The City initiated third-party actions against Johnston Sweeper Company (manufacturer) and Seats, Inc. (seat manufacturer). Following the City's disposal of the sweeper, the plaintiff was granted an adverse inference charge for spoliation of evidence. Both the plaintiff and Johnston Sweeper Company moved for summary judgment, which the Supreme Court denied. The Appellate Division affirmed the Supreme Court's order, clarifying that the adverse inference charge did not eliminate the plaintiff's burden to prove all elements of his negligence claim, including the defect's existence and causation.

spoliation of evidencesummary judgmentadverse inferencenegligencepersonal injurythird-party actionproduct liabilityappellate reviewmunicipal liabilitysanitation worker
References
4
Case No. MISSING
Regular Panel Decision

Anthony v. Nemec

Plaintiff, a former employee, commenced an action alleging gender discrimination under the Human Rights Law, claiming she was terminated because she was a woman of childbearing age intending to become pregnant and take maternity leave. The Supreme Court initially found an inference of discrimination, but the appellate court determined that this inference was rebutted by defendant's evidence that the position was filled by another woman of childbearing age who also became pregnant and was accommodated. The court found no competent evidence of discriminatory intent, stating that plaintiff's claims relied on insufficient statistical evidence and uncorroborated allegations. Consequently, the appellate court concluded that defendant's motion for summary judgment should have been granted due to the absence of sufficient evidence to demonstrate unlawful discrimination.

gender discriminationemployment terminationpregnancy discriminationmaternity leaveHuman Rights Lawsummary judgmentprima facie caseunlawful discriminationrebuttalchildbearing age
References
2
Case No. MISSING
Regular Panel Decision

People v. Sumpter

This criminal case concerns a defendant's conviction for third-degree sexual abuse. The evidence showed the defendant "confronted" a co-worker, grabbed and caressed her buttocks through clothing, and attempted to kiss her with his tongue, despite her protests. The court affirmed the conviction, finding the defendant's conduct legally sufficient to infer an intent for sexual gratification under Penal Law § 130.55, which defines sexual contact as any touching of intimate parts for sexual desire. The dissenting opinion argued that the incident was an isolated, unrequited overture between co-workers, lacked sufficient evidence of sexual gratification intent, and thus the verdict was against the weight of the evidence. However, the majority emphasized that the sexual gratification element could be inferred from the perpetrator's actions, and the complainant's testimony was credible.

Sexual Abuse Third DegreePenal Law Section 130.55Sexual ContactSexual GratificationWithout ConsentWorkplace IncidentCriminal ConvictionSufficiency of EvidenceWeight of EvidenceAppellate Review
References
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