Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Mar 28, 1990

Massio v. Pergament Distributors, Inc.

This case involves a negligence action for personal injuries where the plaintiff fell in the defendants' store. The plaintiff sustained injuries after walking across a wooden platform because a main aisle was blocked by workers. A jury, following a bifurcated trial, found the plaintiff 45% at fault and the defendants 55% at fault in the accident's causation. The defendants appealed the interlocutory judgment, arguing that the plaintiff's case should have been dismissed as a matter of law due to unforeseeable conduct. The appellate court affirmed the judgment, determining it was foreseeable for the plaintiff to cross the platform and that her actions were neither reckless nor unforeseeable, thus properly submitted to the jury.

NegligencePersonal InjuryPremises LiabilityComparative NegligenceFault AllocationInterlocutory JudgmentAppealForeseeabilityProximate CauseJury Verdict

References

Case No. MISSING

Regular Panel Decision

Kappel v. Fisher Bros., 6th Ave. Corp.

The plaintiff, an employee of Akron Wrecking Corp., sustained personal injuries during the demolition of the Zeigfeld Theatre when he fell after being struck by an object. He initiated a negligence action against the owner, Fisher Bros., 6th Ave. Corp., and its subsidiary, Fibro Construction Corp., alleging violations of Labor Law § 241. Following a jury verdict against the defendants on the issue of liability, an interlocutory judgment was entered. On appeal, the court reversed the judgment and dismissed both the main complaint and the third-party complaint. The appellate court concluded that an owner or general contractor is not liable under Labor Law §§ 240 and 241 without control over the work, placing the responsibility for safety devices specific to a subcontractor's work on the subcontractor.

NegligencePersonal InjuryDemolition AccidentLabor LawWorkplace SafetySubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilityAppellate ReviewInterlocutory Judgment

References

Case No. MISSING

Regular Panel Decision

Gannon v. All Car Movers, Ltd.

The plaintiff suffered personal injuries after slipping on an ice patch on the steps of a building. The building was owned by Abbey Island Park, Inc., leased to Apex Transportation Corp., and subleased to All Car Movers, Ltd. Abbey Island Park, Inc. appealed an interlocutory judgment finding it liable, arguing insufficient evidence of its control over the premises or notice of the ice. The appellate court affirmed the judgment, concluding that the jury could rationally find the lessor retained control due to a lack of documentary evidence transferring maintenance duties and its own continued grass mowing. Furthermore, the court found the jury could reasonably infer the lessor had notice of the ice patch, which likely formed from a snowstorm six days prior to the accident, despite minor precipitation the day before.

Premises LiabilitySlip and FallIce AccumulationLessor ControlConstructive NoticeJury Verdict SufficiencyAppellate AffirmationPersonal InjuryReal Property LawNassau County

References

Case No. MISSING

Regular Panel Decision

Equal Employment Opportunity Commission v. R.J. Gallagher Co.

Michael Boyle, former president of R.J. Gallagher Company, was demoted to vice-president after a cancer diagnosis and chemotherapy. He and the Equal Employment Opportunity Commission (EEOC) sued, alleging age and disability discrimination, denial of medical leave, and retaliation. The company counter-sued Boyle for breach of contract. The court found no statutory violations by the company regarding discrimination, medical leave, or retaliation. Additionally, an initial interlocutory judgment that found the company breached Boyle's employment contract was rescinded. The court concluded that Boyle's claims failed because his demotion was due to company performance, he was not replaced by substantially younger individuals, he was not disabled under the relevant acts, and he was not denied medical leave. The company's counter-suit was deemed not retaliatory. As a result, all claims by Boyle and the EEOC were denied, and the interlocutory decision on Gallagher's liability was reversed.

Employment DiscriminationAge DiscriminationDisability DiscriminationMedical LeaveBreach of ContractRetaliationConstructive DischargeLeukemiaEmployment ContractExecutive Demotion

References

Case No. MISSING

Regular Panel Decision

Sep 24, 2013

Service Employees International Union Local 5, Dan Schlademan and Susan Strubbe v. Professional Janitorial Service of Houston, Inc.

Service Employees International Union Local 5 (and two officers) appealed the denial of their summary judgment motion in a case alleging defamation, business disparagement, and tortious interference brought by Professional Janitorial Service of Houston, Inc. (PJS). PJS contended the union published defamatory statements as part of a 'Justice for Janitors' campaign after PJS declined union representation for its employees. The union sought summary judgment, arguing a lack of actual malice and that their statements were nonactionable opinions. The appellate court dismissed the appeal, concluding it lacked interlocutory jurisdiction because the union did not qualify as a 'member of the electronic or print media' or a 'person whose communication appeared in or was published by the electronic or print media' under Texas Civil Practice and Remedies Code Ann. § 51.014(a)(6).

DefamationBusiness DisparagementTortious InterferenceInterlocutory AppealSummary JudgmentFree SpeechFree PressMedia DefendantLabor DisputeUnion Campaign

References

Case No. MISSING

Regular Panel Decision

Aug 04, 2004

Gallagher v. Andron Construction Corp.

The plaintiff, Bernard Gallagher, sustained injuries after falling from an outdoor stairway at a construction site and subsequently initiated legal action against Andron Construction Corp., alleging a violation of Labor Law § 240 (1). The Supreme Court, Westchester County, initially denied the defendant's motion to dismiss this specific cause of action, leading to a jury verdict finding the defendant liable. On appeal, the interlocutory judgment was reversed, and the defendant's motion to dismiss the Labor Law § 240 (1) cause of action was granted. The appellate court determined that a fall from a permanent stairway does not typically fall under the scope of Labor Law § 240 (1) as it is not considered an elevation-related hazard. The case was then remitted to the Supreme Court, Westchester County, for a new trial addressing the remaining causes of action.

Personal injuryConstruction accidentLabor Law § 240 (1)Stairway fallElevation hazardCPLR 4401Motion to dismissJudgment as a matter of lawAppellate reviewInterlocutory judgment

References

Case No. MISSING

Regular Panel Decision

Jan 24, 1994

Chief Auto Parts, Inc. v. National Union Fire Insurance

Chief Auto Parts (Plaintiff) sued National Union Fire Insurance Company (Defendant) seeking reimbursement of additional premiums paid under retrospective workers' compensation insurance contracts. Chief argued that the contracts were unenforceable for retrospective rating due to National's failure to file required notices and endorsements with state insurance bureaus in Texas and California, as mandated by state regulations. The Court, presided over by District Judge Maloney, ruled that while the regulations carry the force of law, their plain meaning does not automatically void the retrospective rating provisions or entitle Chief to a refund. The Court emphasized that allowing Chief reimbursement would constitute a windfall, especially since Chief admitted intending to purchase the retrospective plan. Consequently, the Court granted National's motion for summary judgment and denied Chief's motion, affirming that Chief was not entitled to the reimbursement for additional premiums. This interlocutory judgment only addressed the claims related to the filing requirements.

Workers' CompensationInsurance ContractsRetrospective Rating PlanSummary JudgmentState RegulationsContract LawTexas LawCalifornia LawPremium ReimbursementFiling Requirements

References

Case No. MISSING

Regular Panel Decision

Aug 27, 2013

FLOYD, R.L. v. NEW YORK STATE THRUWAY AUTHORITY

This case involves an appeal from an interlocutory judgment entered after a trial on liability. The claimant, a painter, was injured by a falling rigging cable while working on a bridge painting project. The claimant sought damages under Labor Law § 240 (1). The Court of Claims denied the defendant's motion for summary judgment, finding that the defendant failed to eliminate all triable issues of fact regarding whether the falling object required securing. The appellate court affirmed the judgment, concluding that there was sufficient evidence to support the finding of a Labor Law § 240 (1) violation.

Falling ObjectConstruction AccidentScaffolding LawSummary Judgment MotionInterlocutory JudgmentLiabilityPainterRigging CableGravitySafety Device

References

Case No. MISSING

Regular Panel Decision

Hannah v. American Republic Insurance

Phil Hannah filed an action against American Republic Insurance Company (ARIC), alleging interference with his ERISA rights under 29 U.S.C. § 1140 due to employment termination, and wrongful denial of benefits under 29 U.S.C. § 1132. Hannah’s employment with Americare, an ARIC subsidiary, was terminated in August 2004, after which he signed a Separation Agreement and Release. The Court granted ARIC’s motion for summary judgment on the ERISA § 510 claim, finding the Release valid and rejecting Hannah’s argument of economic duress. For the ERISA § 502 claim, the Court also ruled in favor of ARIC, determining that Hannah failed to exhaust administrative remedies as required by the Plan, and found his futility and waiver arguments to be without merit. Consequently, the Court granted ARIC’s motion for entry of judgment on the benefits claim, denied Hannah’s motion for summary judgment, and dismissed the entire case with judgment entered in favor of the Defendant.

ERISASummary JudgmentEmployee Benefits PlanWrongful TerminationAdministrative RemediesEconomic DuressRelease AgreementWaiver of ClaimsFutility DoctrineDeferred Compensation

References

Case No. MISSING

Regular Panel Decision

Apr 28, 2004

Maraia v. Valentine

The plaintiffs appealed from an order vacating a prior award of summary judgment in their favor and from a judgment, based on a jury verdict, dismissing their complaint in an action for breach of contract. The defendant, an electrical contractor, was accused by Local 363, International Brotherhood of Electrical Workers, AFL-CIO, of operating a nonunion business and failing to comply with union bylaws regarding the timely filing of charges. The Supreme Court properly vacated the summary judgment, finding a triable issue of fact concerning compliance with the union's constitution. The appellate court dismissed the appeal from the intermediate order as direct appeal terminated with the entry of judgment, but affirmed the final judgment, upholding the dismissal of the complaint.

Breach of ContractSummary JudgmentJury VerdictUnion BylawsAppellate ReviewProcedural LawLabor DisputeDismissal of ComplaintTriable Issue of FactInterlocutory Appeal

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Mar 28, 1990

Massio v. Pergament Distributors, Inc.

NegligencePersonal InjuryPremises LiabilityComparative NegligenceFault AllocationInterlocutory JudgmentAppealForeseeabilityProximate CauseJury Verdict

References

Case No. MISSING

Regular Panel Decision

Kappel v. Fisher Bros., 6th Ave. Corp.

NegligencePersonal InjuryDemolition AccidentLabor LawWorkplace SafetySubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilityAppellate ReviewInterlocutory Judgment

References

Case No. MISSING

Regular Panel Decision

Gannon v. All Car Movers, Ltd.

Premises LiabilitySlip and FallIce AccumulationLessor ControlConstructive NoticeJury Verdict SufficiencyAppellate AffirmationPersonal InjuryReal Property LawNassau County

References

Case No. MISSING

Regular Panel Decision

Equal Employment Opportunity Commission v. R.J. Gallagher Co.

Employment DiscriminationAge DiscriminationDisability DiscriminationMedical LeaveBreach of ContractRetaliationConstructive DischargeLeukemiaEmployment ContractExecutive Demotion

References

Case No. MISSING

Regular Panel Decision

Sep 24, 2013

Service Employees International Union Local 5, Dan Schlademan and Susan Strubbe v. Professional Janitorial Service of Houston, Inc.

DefamationBusiness DisparagementTortious InterferenceInterlocutory AppealSummary JudgmentFree SpeechFree PressMedia DefendantLabor DisputeUnion Campaign

References

Case No. MISSING

Regular Panel Decision

Aug 04, 2004

Gallagher v. Andron Construction Corp.

Personal injuryConstruction accidentLabor Law § 240 (1)Stairway fallElevation hazardCPLR 4401Motion to dismissJudgment as a matter of lawAppellate reviewInterlocutory judgment

References

Case No. MISSING

Regular Panel Decision

Jan 24, 1994

Chief Auto Parts, Inc. v. National Union Fire Insurance

Workers' CompensationInsurance ContractsRetrospective Rating PlanSummary JudgmentState RegulationsContract LawTexas LawCalifornia LawPremium ReimbursementFiling Requirements

References

Case No. MISSING

Regular Panel Decision

Aug 27, 2013

FLOYD, R.L. v. NEW YORK STATE THRUWAY AUTHORITY

Falling ObjectConstruction AccidentScaffolding LawSummary Judgment MotionInterlocutory JudgmentLiabilityPainterRigging CableGravitySafety Device

References

Case No. MISSING

Regular Panel Decision

Hannah v. American Republic Insurance

ERISASummary JudgmentEmployee Benefits PlanWrongful TerminationAdministrative RemediesEconomic DuressRelease AgreementWaiver of ClaimsFutility DoctrineDeferred Compensation

References

Case No. MISSING

Regular Panel Decision

Apr 28, 2004

Maraia v. Valentine

Breach of ContractSummary JudgmentJury VerdictUnion BylawsAppellate ReviewProcedural LawLabor DisputeDismissal of ComplaintTriable Issue of FactInterlocutory Appeal

References

Showing 1-10 of 18,114 results

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