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

Case No. W2019-02089-COA-R3-CV
Regular Panel Decision
Mar 11, 2022

Commercial Painting Company INC. v. The Weitz Company LLC

This is the third appeal in a commercial construction project dispute between general contractor Weitz Company, LLC and subcontractor Commercial Painting Company, Inc. Commercial Painting originally sued Weitz for damages, including intentional misrepresentation and breach of contract, resulting in a jury award of $1,729,122.46 in compensatory damages and $3,900,000.00 in punitive damages, plus interest and attorney's fees. On appeal, the Court of Appeals of Tennessee held that the economic loss rule applies to construction contracts between sophisticated commercial entities, thus barring the fraud claim and punitive damages. The court affirmed the compensatory damages for breach of contract but reversed the punitive damages and pre/post-judgment interest due to contractual waivers. The attorney's fees award was vacated and remanded for reconsideration to reflect only those fees related to the affirmed compensatory damages.

Commercial ConstructionSubcontractor DisputeBreach of ContractFraudulent MisrepresentationEconomic Loss RulePunitive DamagesCompensatory DamagesAttorney's FeesPre-judgment InterestPost-judgment Interest
References
11
Case No. E2014-00139-COA-R3-CV
Regular Panel Decision
Sep 30, 2014

MSK Construction, Inc. v. Mayse Construction Company

MSK Construction, Inc. (MSK) filed a breach of oral contract action against Mayse Construction Company (Mayse) for failure to pay for equipment and fuel used in a construction project for the City of Athens. Mayse denied liability and filed a counterclaim for negligent misrepresentation, alleging MSK failed to include concrete testing costs in their estimate. Following a bench trial, the trial court found in favor of MSK, awarding damages and prejudgment interest, and denied Mayse's counterclaim. Mayse appealed the decision. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's decision in its entirety, finding a valid oral contract existed and dismissing the negligent misrepresentation claim.

Breach of Oral ContractConstruction DisputeEquipment UsePrejudgment InterestNegligent MisrepresentationSubcontractor AgreementVendor AgreementAppellate ReviewContractual ObligationsDamages
References
28
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. 2015 NY Slip Op 06798 [131 AD3d 1033]
Regular Panel Decision
Sep 16, 2015

Rossi v. Flying Horse Farm, Inc.

Troy Rossi, a horse groomer, sued Flying Horse Farm, Inc., for personal injuries sustained from a ladder fall at the defendant's commercial property, alleging Labor Law violations. The Supreme Court granted Rossi's motion to dismiss the defendant's homeowner's exemption defense and, sua sponte, dismissed the recalcitrant worker defense. The Appellate Division, Second Department, affirmed the dismissal of the homeowner's exemption, finding the property was primarily commercial and not a residence under the exemption. However, the Appellate Division modified the Supreme Court's order by reinstating the recalcitrant worker defense. This modification was based on the Supreme Court's error in dismissing the defense sua sponte when the plaintiff had not moved for such relief.

Personal injuryLabor LawHomeowner's exemptionRecalcitrant worker defenseSummary judgmentAppellate procedureAffirmative defensesLadder fallCommercial propertyProperty owner liability
References
11
Case No. 2020 NY Slip Op 02098 [181 AD3d 523]
Regular Panel Decision
Mar 26, 2020

Rossi v. Doka USA, Ltd.

Plaintiff Domenick Rossi, a carpenter, sustained injuries while using a ratchet at a World Trade Center construction site, asserting a product liability claim against defendant Doka USA, Ltd., which supplied the tool. The Supreme Court dismissed Rossi's complaint for spoliation of evidence (the missing ratchet) and denied his cross-motion for sanctions against Doka for alleged email destruction. On appeal, the Appellate Division modified the Supreme Court's order, concluding that the absence of the ratchet did not fatally prejudice Doka's defense, thus reinstating Rossi's complaint. The Appellate Division affirmed the denial of Rossi's cross-motion for spoliation sanctions, finding insufficient evidence of Doka's culpable conduct regarding email preservation.

Product liabilitySpoliation of evidenceDesign defectRatchetWorkplace injuryConstruction accidentAppellate procedureSanctionsNegligenceProximate cause
References
9
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
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. W2013-01989-COA-R3-CV
Regular Panel Decision
Nov 18, 2014

Commercial Painting Company, Inc. v. The Weitz Company, LLC

This case involves a construction contract dispute between subcontractor Commercial Painting Company, Inc. and general contractor The Weitz Company, LLC. The trial court initially granted summary judgment in favor of Weitz on Commercial Painting's tort claims, but subsequently awarded judgment to Commercial Painting on other issues after trial. On appeal, the Court of Appeals found that the trial court applied an incorrect standard when granting summary judgment on the tort claims, including fraud, misrepresentation, and rescission. Consequently, the appellate court vacated the summary judgment order and remanded the case, declining to address other contractual issues, as their resolution could be affected by the renewed consideration of the tort and rescission claims.

Construction ContractSummary JudgmentContract DisputeTort ClaimsNegligent MisrepresentationIntentional MisrepresentationRescissionPunitive DamagesAppellate ReviewVacated and Remanded
References
37
Case No. MISSING
Regular Panel Decision

Pedro Gonzalez & Maria Gomez v. Vatr Construction LLC & All American Roofing & Construction

This case concerns an appeal from a summary judgment granted in favor of a general contractor, VATR Construction, LLC (VC), and a subcontractor, All American Roofing & Construction, in a lawsuit brought by the Estate of Roger Alexis Gonzalez. Gonzalez, a roofer, suffered fatal injuries after falling from a roof due to not using safety equipment. The Estate alleged negligence, gross negligence, and negligence per se against VC and All American. The appellate court affirmed the trial court's judgment, finding that neither VC nor All American owed a contractual duty or exercised actual control over Gonzalez's work or safety, and that OSHA regulations do not establish negligence per se in this context. Furthermore, the court rejected the Estate's argument that Gonzalez was a third-party beneficiary of upstream contracts, concluding that summary judgment was properly granted on all claims.

Construction AccidentFatal InjuryRooferFall ProtectionSafety EquipmentNegligenceGross NegligenceNegligence Per SeSummary JudgmentGeneral Contractor Liability
References
52
Case No. 04-17-00565-CV
Regular Panel Decision
Jul 17, 2019

David Mora, Texas Sterling Construction Co. A/K/A Texas Crushed Concrete, and Sterling Construction Company, Inc. A/K/A Sterling Delaware Holding Company, Inc. v. Martin Valdivia Sr. and Maria Cervantes Valdivia, Both Individually and as Sole Heirs of the Estate of Martin Valdivia Jr.

This appeal stems from a personal injury lawsuit where two construction workers were injured and one killed when an unsecured toolbox fell from their foreman's trailer. The plaintiffs, Martin Valdivia Sr. and Maria Cervantes Valdivia, sued the foreman David Mora and employers Texas Sterling Construction Co. and Sterling Construction Company, Inc. for negligence and gross negligence. The jury found the driver of the third vehicle not negligent and Texas Sterling grossly negligent, awarding substantial damages. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the jury's conclusions on the course and scope of employment, the defense of sudden emergency, and gross negligence attributable to Texas Sterling through its Corporate Safety Director, José González.

Personal InjuryNegligenceGross NegligenceWorkers' Compensation ActCourse and Scope of EmploymentSudden Emergency DefenseEmployer LiabilityAppellate ReviewDamagesLegal Sufficiency
References
55
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