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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

Rogers v. Westfalia Associated Technologies, Inc.

Ronald Rogers, while performing maintenance, fell nine feet from a stationary conveyor system at Agway Feed Mill. He and his wife, Lisa Rogers, sued Westfalia Associated Technologies, Inc. and Portee, Inc., alleging negligent design and manufacturing, failure to warn, breach of warranty, and strict products liability. Westfalia, Portee, Probec, Inc., and Mill Technology, Inc. filed motions for summary judgment, arguing they owed no duty to Rogers and their products were not defective. The court found that Agway, the employer and purchaser, was in the best position to assess risks and declined optional safety equipment. Furthermore, Rogers was aware of the dangers, and warnings were posted. Consequently, the court granted all motions for summary judgment, dismissing the complaint, counterclaims, and cross-claims.

Product LiabilityNegligenceStrict LiabilityDesign DefectFailure to WarnSummary JudgmentConveyor SystemIndustrial AccidentAssumption of RiskOpen and Obvious Danger
References
17
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. 2020 NY Slip Op 00482 [179 AD3d 546]
Regular Panel Decision
Jan 23, 2020

Matter of Maxine B. v. Richard C.

This case concerns an appeal by Richard C. against an order of protection issued in favor of his mother, Maxine B., by the Family Court of Bronx County. The order was based on a finding that Richard C. committed menacing in the third degree. Richard C. argued that Maxine B. had stated she did not want the order, but the Appellate Division noted that other evidence, including sworn testimony from a social worker and counsel's representations made outside Richard C.'s presence, indicated Maxine B.'s need for protection. The court affirmed the finding that Richard C. intentionally placed Maxine B. in fear of physical injury, resulting in a black eye, and upheld the Family Court's credibility assessments. Other arguments regarding evidence admission, right to counsel, and the social worker's authority were dismissed as unpreserved or without specific prejudice. The Appellate Division unanimously affirmed the order of protection.

Order of ProtectionMenacing Third DegreeFamily Court ActAppellate DivisionCredibility AssessmentEvidence AdmissibilityRight to CounselFamily OffenseDomestic ViolenceAffirmation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Tunison v. P. C. Richards & Son

This case involves an appeal from two decisions by the Workers’ Compensation Board concerning workers' compensation death benefits. The decedent, an employee of Outlaw Trucking Company, was fatally injured while delivering merchandise for P. C. Richards & Son. The Board found that the decedent was a special employee of P. C. Richards & Son and that his death arose out of and in the course of this special employment, making P. C. Richards & Son liable for death benefits. The court affirmed the Board's decision, concluding that there was substantial evidence to support the finding of a special employment relationship due to P. C. Richards & Son's control over the decedent's work, and that the death occurred in the course of employment as he was returning truck keys.

Workers' CompensationSpecial EmploymentDeath BenefitsEmployer LiabilityAppellate ReviewControl TestCourse of EmploymentInsurance CarrierTrucking IndustryWorkers' Compensation Board
References
7
Case No. MISSING
Regular Panel Decision

Richard H. v. Consilvio

Petitioner Richard H., diagnosed with paranoid schizophrenia, has a history of involuntary commitments and bank robberies. This appeal concerns the Commissioner of Mental Health's application for a retention order in a secure psychiatric facility. A lower court initially ordered his transfer to a nonsecure facility, crediting his testimony and an advisory jury opinion that he was not dangerous. The Appellate Division, upon review, found that the Commissioner had established Richard H. suffers from a "dangerous mental disorder." The court emphasized his history of dangerous behavior, noncompliance with medication, escapes from nonsecure facilities, and delusional beliefs. Therefore, the Supreme Court's order was modified, and Richard H. was ordered to be retained in a secure facility.

Paranoid SchizophreniaInvoluntary CommitmentInsanity AcquitteeDangerous Mental DisorderRetention OrderMental Hygiene LawCriminal Procedure LawMedication NoncomplianceBank RobberyDelusional Beliefs
References
14
Case No. MISSING
Regular Panel Decision

In re Sanctioning of Richard N.

This opinion addresses the appropriate sanction for juror Richard N. who intentionally abandoned a summary jury trial and misled the court about his whereabouts, falsely claiming a 'neurological emergency'. Presided over by Justice Martin E. Ritholtz in Queens County, the court initiated a special proceeding to penalize Richard N. for his misconduct. While civil or criminal contempt charges were considered, the court ultimately utilized its inherent powers to impose a less severe sanction. Richard N. confessed and apologized for his deceptive behavior. The court ordered him to pay a $250 fine and determined that his jury service would not be credited, leaving him eligible for future jury duty.

Juror MisconductContempt of CourtSpecial ProceedingJudicial SanctionInherent Powers of CourtJury Duty AbandonmentDeceptive ConductDue ProcessRight to CounselCivil Contempt
References
38
Case No. 531945
Regular Panel Decision
Nov 18, 2021

In the Matter of the Claim of Alroy Richards

Claimant Alroy Richards appealed two decisions by the Workers' Compensation Board. The Board initially ruled that Richards did not sustain an accidental injury arising out of and in the course of his employment and denied his claim for workers' compensation benefits. Subsequently, the Board denied his request for reconsideration and/or full Board review. Richards claimed to have experienced pain while moving oxygen tanks at work in April 2017 but failed to seek timely medical treatment or report the incident. The Appellate Division affirmed the Board's decision, deferring to its credibility determinations and finding substantial evidence to support the finding that the proof presented by the claimant was insufficient to demonstrate an accident occurred in the course of his employment.

Workers' Compensation BenefitsAccidental InjuryEmployment ScopeUntimely NoticeBoard AffirmationCredibility of ClaimantSubstantial Evidence ReviewMedical CausationReconsideration DenialAppellate Review
References
8
Case No. 2017 NY Slip Op 03580 [150 AD3d 1349]
Regular Panel Decision
May 04, 2017

Claim of Richards v. Massena Central Schools

Mary Ann Richards, a cleaner, sustained neck injuries in March 2010 while working for Massena Central Schools, leading to an established workers' compensation claim and cervical surgery. In June 2013, she sought to amend her claim to include consequential neurological injuries, specifically scapulothoracic crepitation and mandibular dysesthesia. Both the Workers' Compensation Law Judge and the Workers' Compensation Board denied this amendment, concluding that Richards failed to demonstrate a causal relationship between her established work injury and the alleged consequential conditions. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence. Multiple medical professionals, including orthopedic surgeons and neurologists, provided opinions that either could not determine the etiology of Richards' symptoms or found no objective evidence linking them to her work injury or subsequent surgery.

Workers' CompensationNeurological InjuryCausationMedical EvidenceAppellate ReviewScapulothoracic CrepitationMandibular DysesthesiaCervical SurgeryIndependent Medical ExaminationBurden of Proof
References
5
Case No. 2024 NY Slip Op 05361
Regular Panel Decision
Oct 30, 2024

Rogers v. Peter Scalamandre & Sons, Inc.

The plaintiff, Michael Rogers, an employee of Certified Interiors, Inc., sustained personal injuries at a construction site when a boom lift he was operating suddenly malfunctioned. Rogers initiated an action against Peter Scalamandre & Sons, Inc., the general contractor, alleging violations of Labor Law §§ 240(1) and 241(6). Scalamandre subsequently filed a third-party action against Certified for contractual indemnification and breach of contract for failure to procure insurance. The Supreme Court granted Rogers' motion for summary judgment on Labor Law § 240(1) and largely denied other motions. The Appellate Division modified the Supreme Court's order by granting Certified's motion to dismiss the contractual indemnification claim, deeming it void under General Obligations Law § 5-322.1 due to Scalamandre's negligence, and otherwise affirmed the lower court's rulings.

Personal InjuryConstruction AccidentBoom Lift MalfunctionLabor Law § 240(1)Labor Law § 241(6)General Obligations Law § 5-322.1Contractual IndemnificationSummary JudgmentAppellate ReviewThird-Party Action
References
32
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
0
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