Solorio v. Asplundh Tree Expert Co.
Plaintiff Hector Solorio suffered a severe brain injury after falling 30-40 feet from an aerial lift while working. He sued the lift's manufacturers, the Asplundh parties, who then impleaded Solorio's employer, Samar Tree Service, Inc., and its owner for indemnification. Samar moved for summary judgment, arguing that New York Workers’ Compensation Law § 11 barred the third-party claims because Solorio did not sustain a "grave injury." The court analyzed conflicting medical expert testimony regarding Solorio's permanent total disability and unemployability. Finding a genuine issue of material fact as to whether Solorio's brain injury constituted a "grave injury" under the statute, the court denied Samar's motion for summary judgment.