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

Case No. 2022 NY Slip Op 00027
Regular Panel Decision
Jan 04, 2022

Williams v. Beth Israel Hosp. Assn.

Lisa Williams, an employee of a staffing agency assigned to Beth Israel Medical Center, filed a negligence claim after a trip and fall incident. Beth Israel Medical Center moved for summary judgment, arguing that Williams's sole remedy was under the Workers' Compensation Law due to a special employer relationship, and that they lacked actual or constructive notice of the dangerous condition. The Supreme Court denied the motion to dismiss and for summary judgment but granted leave to amend the answer. The Appellate Division affirmed the Supreme Court's order, concluding that Beth Israel Medical Center failed to demonstrate a clear surrender and assumption of control for the special employer defense and did not establish a prima facie lack of constructive or actual notice.

NegligenceTrip and FallPremises LiabilitySpecial Employer DoctrineWorkers' Compensation LawSummary JudgmentConstructive NoticeActual NoticeAppellate ReviewStaffing Agency
References
11
Case No. MISSING
Regular Panel Decision
May 12, 1998

Conway v. Beth Israel Medical Center

Timothy Conway, a construction worker, was injured while stepping on an A-Frame dolly in a storage room owned by Beth Israel Medical Center, causing him to fall. He appealed an order from the Supreme Court, Rockland County, which granted Beth Israel's motion for summary judgment dismissing the complaint. The appellate court affirmed the dismissal of the Labor Law § 200 claim due to insufficient evidence of Beth Israel's direction or control over Conway's work and because the danger was readily apparent. The Labor Law § 240 claim was also dismissed as the injury did not involve an elevation-related risk. Finally, the Labor Law § 241 (6) claim was dismissed because the Industrial Code provisions relied upon (12 NYCRR 23-1.7 [e] [1] and [2]) were not applicable, as the storeroom was not a "passageway" or "working area" and the dolly was not a "scattered tool".

Personal injuryConstruction accidentLabor LawSummary judgmentWorkplace safetyA-Frame dollyElevation riskIndustrial Code violationRockland County Supreme CourtAppellate Division
References
13
Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. MISSING
Regular Panel Decision

City of Palestine v. Ramirez

Gloria Ramirez, a police radio dispatcher, sued the City of Palestine and its Chief of Police, Charles R. Oliphint, for wrongful discharge and alleged violations of the Texas Labor Code after she was terminated following a workplace injury and subsequent disciplinary issues. Ramirez had filed a worker's compensation claim and was discharged shortly after attempting to return to work. The defendants filed a motion for summary judgment, asserting Oliphint was entitled to qualified immunity. The trial court denied this motion, leading to an interlocutory appeal. The appellate court examined whether Oliphint was performing discretionary duties and acting in good faith when he terminated Ramirez. The court concluded that Oliphint's actions were discretionary and that he acted in good faith, thereby establishing his qualified immunity. Therefore, the appellate court reversed the trial court's denial of summary judgment and rendered judgment that Ramirez take nothing against Oliphint.

Qualified ImmunitySummary JudgmentInterlocutory AppealWrongful DischargeTexas Labor CodeRetaliationOfficial ImmunityDiscretionary ActGood FaithPolice Chief Liability
References
12
Case No. MISSING
Regular Panel Decision

Gartenbaum v. Beth Israel Medical Center

Plaintiff Ilona Gartenbaum, a white employee, filed a Title VII racial discrimination lawsuit against Beth Israel Medical Center and three supervisors, alleging she was denied promotions in favor of less qualified black employees. The court, sua sponte, questioned her counsel, Bart Nason's, pre-filing investigation under Rule 11, noting prior union grievance procedures and an arbitration, where race was not an issue, had not supported Gartenbaum's claims. While Mr. Nason's investigation was found to be inadequate, relying on the client's assertions and an unsupported affidavit from a union representative, the court acknowledged that Gartenbaum could make out a prima facie case for racial discrimination concerning at least two denied promotions. Consequently, the court denied Rule 11 sanctions at this juncture and allowed the Title VII claim to proceed to discovery. Additionally, the court ordered the consolidation of this action with a separate pro se retaliation lawsuit filed by Gartenbaum against the same defendants.

Title VIIRacial DiscriminationEmployment DiscriminationRule 11 SanctionsPre-Filing InvestigationPrima Facie CaseGrievance ProcedureArbitrationEEOC InvestigationNLRB
References
6
Case No. 12-06-00148-CV
Regular Panel Decision
Jan 31, 2007

Israel Barrientos v. Maxwell Lumber Company, Inc.

Israel Barrientos sued his former employer, Maxwell Lumber Company, Inc., for negligence after suffering injuries to his hand while working. A jury initially found in favor of Barrientos, but the trial court granted Maxwell Lumber's motion for judgment non obstante veredicto, ruling no evidence supported negligence or causation. Barrientos appealed this decision, arguing the trial court erred. The Court of Appeals reviewed the evidence presented regarding safety policies, employee training, and saw maintenance, concluding that Barrientos failed to present sufficient evidence that Maxwell Lumber's negligence was the proximate cause of his injuries. Consequently, the appellate court affirmed the trial court's judgment.

NegligenceEmployment LawJudgment Non Obstante VeredictoCausationProximate CauseAppellate ReviewTexas LawEmployer LiabilityWork InjuryJury Verdict
References
9
Case No. 04-10-00730-CV
Regular Panel Decision
Jun 22, 2011

Israel Hernandez v. Grey Wolf Drilling, L.P.

Israel Hernandez, a fifty-three-year-old employee, was terminated by Grey Wolf Drilling, L.P. on September 17, 2007, and subsequently sued the company under the Texas Commission on Human Rights Act (TCHRA) for age discrimination and retaliation. Hernandez alleged his supervisor repeatedly used ageist slurs and fired him after he complained, replacing him with a younger worker. The trial court granted a no-evidence summary judgment for Grey Wolf, which Hernandez appealed. The appellate court, reviewing the case de novo under the McDonnell Douglas-Burdine framework, determined that Hernandez had provided more than a scintilla of evidence to support his prima facie claims of age discrimination and retaliation. Consequently, the court reversed the trial court's order and remanded the case for further proceedings, finding the summary judgment improperly granted.

Age discriminationRetaliationTexas Commission on Human Rights ActSummary judgmentAppellate reviewEmployment lawMcDonnell Douglas-Burdine frameworkPretext claimCircumstantial evidenceCausal link
References
17
Case No. 04-10-00704-CV
Regular Panel Decision
Aug 03, 2011

Bairon Israel Morales v. Michelin North America, Inc.

Bairon Israel Morales was injured in a truck accident while working for K&K Repair Service, LLC. Texas Mutual Insurance Company, K&K's workers' compensation carrier, paid Morales benefits. Morales sued Michelin North America, Inc. and Discount Tire Company of Texas, eventually settling with them after nonsuiting his employer and the driver. The appeal concerns the allocation of Texas Mutual's subrogation lien and whether Morales's attorney is entitled to a proportionate share of expenses from Texas Mutual's recovery. The court ruled that Texas Mutual was not actively represented in the third-party action, thus section 417.003(a) of the Texas Labor Code applies, entitling Morales's attorney to a proportionate share of expenses. The judgment was modified to reduce Texas Mutual's payment by this share. The court denied Morales's request for a determination of the employer's percentage of responsibility, stating the issue was moot due to the settlement with all defendants.

Workers' CompensationSubrogation LienAttorney's FeesLitigation ExpensesTexas Labor CodeCivil Practice and Remedies CodeSummary JudgmentAppellate ReviewActive RepresentationSettlement Agreement
References
20
Case No. 05-14-00482-CV
Regular Panel Decision
Jun 01, 2015

Israel Gonzalez v. McKinney Dodge Inc., Dodge City of McKinney and Gus Rodriguez

Israel Gonzalez sued McKinney Dodge, Inc. and Gus Rodriguez for wrongful termination, alleging retaliation for filing a worker's compensation claim under Texas Labor Code Sections 451.001 and 451.002. Appellees filed a motion for traditional summary judgment, asserting that the retaliatory discharge statute did not apply because Gonzalez voluntarily quit or was released for legitimate, nondiscriminatory reasons. The trial court granted the appellees' motion without specifying the grounds. On appeal, the Court of Appeals affirmed the trial court's judgment. The appellate court found that while the appellees failed to conclusively prove their limitations defense, summary judgment was proper because Gonzalez failed to controvert evidence that he voluntarily quit, and a worker's compensation claim could not be brought against Rodriguez, who was not his employer.

Workers' CompensationWrongful TerminationRetaliatory DischargeSummary JudgmentStatute of LimitationsDue ProcessEmployment LawTexas Appellate CourtVoluntary QuitEmployer Liability
References
18
Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
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