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

Case No. 2008 NY Slip Op 31964(U)
Regular Panel Decision
Jul 14, 2008

Voultepsis v. Gumley-Haft-Klierer, Inc.

This case involves an appeal from an order denying a defendant's summary judgment motion and partially denying plaintiffs' motions regarding Labor Law claims, workers' compensation defense, and spoliation of evidence. The plaintiff, a superintendent, was injured in a fall from a ladder while replacing a floor in a cooperative apartment building, where the appellant served as the managing agent. The court found questions of fact regarding the appellant's statutory agency under Labor Law § 240 (1) and authority/notice under Labor Law § 200, thus affirming the denial of defendant's summary judgment. However, the court modified the order by granting plaintiffs' motion to strike the appellant's Workers’ Compensation Law defense, concluding the appellant lacked sufficient control over the plaintiff's work to be considered a special employer. The denial of the motion to strike the appellant's answer for spoliation was affirmed, as the appellant adequately explained its inability to find the requested documents.

Summary JudgmentLabor Law § 240(1)Labor Law § 200Workers' Compensation LawStatutory AgentSpecial EmployerSpoliation of EvidenceLadder AccidentPersonal InjuryAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Oct 06, 2010

Foley v. Consolidated Edison Co.

Plaintiff sustained burn injuries while excavating a trench for his employer, Roadway, a subcontractor for Con Edison, when a hand-held saw manufactured by John Deere caught fire. The Supreme Court granted Con Edison's motion for summary judgment, finding it did not control the method of plaintiff's work and only exercised general supervisory powers. The court also dismissed the Labor Law § 241 (6) claim against Con Edison due to the plaintiff's failure to plead specific Industrial Code violations and subsequent abandonment of the theory. Roadway's motion for summary judgment dismissing John Deere's third-party action was granted, as John Deere had no contractual indemnification claim against Roadway, and plaintiff's injuries were not 'grave' under Workers' Compensation Law § 11. Finally, the court denied John Deere's motion for spoliation sanctions regarding the lost saw, allowing an adverse inference charge at trial instead, citing no unfair advantage or prejudice to John Deere's design defect claims.

Summary JudgmentSpoliation of EvidenceLabor LawWorkers' Compensation LawIndustrial Code ViolationsThird-Party ActionProduct LiabilityPersonal InjuryBurn InjuriesSubcontractor Liability
References
11
Case No. MISSING
Regular Panel Decision
May 18, 2005

Hotel 57 LLC v. Harvard Maintenance, Inc.

In this case, the plaintiff hotel sought over $300,000 for replacing 16 scratched windows, attributing the damage to the defendant's window cleaners. The defendant denied responsibility, suggesting the scratches were preexisting. Crucially, the plaintiff destroyed and replaced the windows without notifying the defendant, sixteen months prior to filing the lawsuit. The Supreme Court initially denied the defendant's motion for summary judgment based on spoliation of evidence. However, the appellate court reversed this decision, emphasizing the plaintiff's intentional destruction of evidence critical to the lawsuit, granted the defendant's motion for summary judgment, and dismissed the complaint.

spoliation of evidencesummary judgmentappellate reviewwindow damageproperty damageintentional destruction of evidencecivil procedureNew York lawconstructionnegligence
References
0
Case No. MISSING
Regular Panel Decision
Jul 31, 2009

Rice v. West 37th Group, LLC

Plaintiff's decedent, James Rice, a steamfitter, was injured in November 2004 after falling from a short, unsecured ladder while installing a sprinkler system. He commenced an action against the building owner, general contractor, and subcontractor Cord, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court dismissed claims against Cord and Labor Law § 200/common-law negligence claims against other defendants, but granted plaintiff summary judgment on Labor Law § 240 (1) liability against the owner and general contractor. Upon reargument, the court adhered to its decision, finding no readily available adequate safety device to absolve defendants of liability. The Appellate Division affirmed the summary judgment on Labor Law § 240 (1) liability and dismissed the appeal regarding spoliation sanctions.

Labor Law § 240 (1)Scaffold LawElevation-related injurySummary JudgmentProximate CauseSafety DevicesWorker NegligenceAppellate DivisionSpoliation of EvidenceConstruction Accident
References
6
Case No. 01-04-00137-CV
Regular Panel Decision
Aug 18, 2005

Thomas Richard Brown v. Pennzoil-Quaker State Company

Thomas Richard Brown appealed the trial court's summary judgment granted in favor of Pennzoil-Quaker State Company on his claims for intentional act and spoliation of evidence. Brown was severely injured in an explosion at Pennzoil's refinery. The Court of Appeals affirmed the summary judgment on the 'intentional act' claim, finding insufficient evidence that Pennzoil knew an injury was 'substantially certain' to occur. However, the court reversed the summary judgment on the 'spoliation of evidence' claim, as Pennzoil did not move for summary judgment on that specific ground. The cause is remanded for further proceedings on the spoliation claim.

Intentional TortSpoliation of EvidenceSummary JudgmentWorkers' Compensation ActLouisiana LawTexas Appellate ProcedureIndustrial AccidentRefinery ExplosionEmployer NegligenceOccupational Safety and Health Administration (OSHA)
References
17
Case No. 2023 NY Slip Op 05464 [220 AD3d 614]
Regular Panel Decision
Oct 31, 2023

Children's Magical Garden, Inc. v. Marom

This case involves an appeal from an order that granted an adverse inference charge against the defendant for spoliation of evidence. The Supreme Court found the defendant grossly negligent in spoliation. However, the Appellate Division, First Department, determined that the imposed adverse inference charge was inappropriate because it required rather than permitted the jury to draw an adverse inference. Furthermore, due to conflicting testimony, the issues of spoliation and the warrant for an adverse inference should have been presented to the jury first. Consequently, the appellate court modified the order by deleting the specific adverse inference charge, remanding the matter for a new charge, and otherwise affirming the order.

Spoliation of evidenceAdverse inference chargeGross negligenceAppellate reviewEvidentiary sanctionsCivil procedureDiscoveryJury instructionsRemandNew York law
References
3
Case No. 01-11-00277-CV
Regular Panel Decision
Jan 24, 2013

Miner Dederick Construction, LLP v. Gulf Chemical & Metallurgical Corporation

This appeal addresses a construction defect suit where Gulf Chemical & Metallurgical Corporation sued Miner Dederick Construction, LLP for faulty expansion joint construction in a hazardous waste facility. Miner Dederick counter-claimed and alleged spoliation of evidence by Gulf. The appellate court affirmed the summary judgment against Miner Dederick's counter-claims, including breach of contract, due to unchallenged grounds and lack of compensable damages. However, the court reversed the trial court's denial of spoliation sanctions, finding that Gulf abused its discretion by altering and not preserving the expansion joint for inspection. The case is remanded for the trial court to determine an appropriate spoliation remedy and conduct further proceedings.

Construction LawSpoliation of EvidenceBreach of ContractBreach of WarrantySummary Judgment AppealAppellate ProcedureEvidentiary SanctionsHazardous Waste FacilityForensic InvestigationTexas Appeals
References
42
Case No. 01-13-00200-CV
Regular Panel Decision
Dec 05, 2013

in Re City of Houston

The City of Houston petitioned for a writ of mandamus to challenge a trial court's order granting a new trial in a case where LaShonda Rochelle and Mattie Etubom sued the City for injuries from a collision with a Houston Police Department patrol car. The trial court's new trial order was based on alleged misconduct by the City (spoliation of evidence, limine order violation) and newly-discovered evidence. The Court of Appeals reviewed each basis for the new trial order. It found that the spoliation of evidence could not support a new trial as the jury had received a spoliation instruction, and any sanctions were waived. The newly-discovered evidence was also deemed insufficient due to lack of due diligence by the plaintiffs and its nature as merely impeaching or not requiring disclosure. Finally, the limine order violation was found to be harmless error. Therefore, the Court of Appeals conditionally granted the writ of mandamus, ordering the trial court to withdraw its new trial order and enter judgment on the original jury verdict.

MandamusNew Trial OrderAbuse of DiscretionSpoliation of EvidenceLimine Order ViolationHarmless ErrorNewly-Discovered EvidenceJury VerdictTexas Rules of Civil ProcedureGovernmental Immunity
References
23
Case No. MISSING
Regular Panel Decision

Weigl v. Quincy Specialties Co.

Plaintiff Susan Weigl, a laboratory technician at Yeshiva University, suffered severe burns when her lab coat ignited during an experiment on October 31, 1989. Her workers' compensation lawyers requested Yeshiva to preserve the lab coat, but Yeshiva later claimed it could not be located. Weigl sued Yeshiva and Quincy Specialties Company (the alleged manufacturer of the coat) for negligence, product liability, and spoliation of evidence. Yeshiva moved to dismiss the spoliation claims, arguing that New York jurisdiction does not recognize such a tort and that the claims were time-barred. The court, presided over by Judge Peter Tom, denied the motion to dismiss outright. While acknowledging that New York does not recognize spoliation as a standalone tort, the court allowed Weigl to amend her complaint to pursue claims against Yeshiva for negligently and/or intentionally impairing her right to sue a third-party tortfeasor, a recognized common-law cause of action. The court found that discovery was necessary to determine the circumstances of the lab coat's disappearance and whether Yeshiva intended to obstruct Weigl's legal remedies.

Spoliation of evidenceNegligenceIntentional tortWorkers' CompensationDiscoveryStatute of LimitationsMotion to dismissLeave to amendThird-party tortfeasorLaboratory accident
References
30
Case No. MISSING
Regular Panel Decision
Mar 08, 1999

Atlantic Horizon Realty Corp. v. Rodriguez

This case involves a spoliation hearing stemming from a nonpayment summary proceeding. Respondents alleged a breach of warranty of habitability due to lead contamination. During discovery, it was revealed that the landlord (petitioner) had demolished the subject premises, rendering a lead inspection by respondents' experts impossible. The court found that the premises were deliberately demolished at a critical point in the litigation to prevent inspection. Citing case law on spoliation of evidence, the court dismissed the petitioner's summary proceeding with costs. Respondents' counterclaim for a 50% rent abatement was severed for a separate trial.

Spoliation of evidenceNonpayment summary proceedingBreach of warranty of habitabilityLead contaminationDemolition of premisesDiscovery sanctionsDismissal with costsTenant rightsLandlord-tenant disputeExpert testimony
References
4
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