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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

Bachrow v. Turner Construction Corp.

This case concerns a third-party action initiated by Turner, a construction site owner and general contractor, against Lowy, the employer of an injured construction worker. Turner alleged Lowy breached a subcontract by failing to procure insurance that would cover Turner for all liabilities, including those arising from Turner's own negligence, as required by their agreement. The appellate court found that Lowy indeed breached the contract by providing insurance with limited coverage. However, the court reversed the lower court's grant of summary judgment in favor of Turner, deeming it premature. The reversal was based on the premise that it had not yet been determined whether Lowy's breach actually caused Turner any losses, a causal link dependent on the outcome of a separate declaratory judgment action regarding timely notice to Lowy's insurer, U.S. Fire. Consequently, Turner’s motion for summary judgment was denied, and the breach of contract claim was severed and consolidated with the declaratory judgment action.

Construction Site LiabilityBreach of ContractProcure InsuranceSummary JudgmentThird-Party ActionIndemnificationNegligenceTimely NoticeDeclaratory JudgmentAppellate Reversal
References
3
Case No. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

Wausau Business Insurance v. Turner Construction Co.

Defendant Turner Construction Company, Inc. moved for summary judgment seeking dismissal of the complaint from Central Synagogue Sanctuary, contractual indemnity from Central Synagogue, and insurance coverage. The dispute arises from a construction management agreement for renovations at Central Synagogue, which was destroyed by a fire allegedly due to subcontractor negligence. Central Synagogue claims Turner failed in its supervisory role regarding safety. The court denied Turner's motion, ruling that genuine issues of material fact existed regarding Turner's negligence in overseeing subcontractors and its responsibility for safety protocols. The decision further clarified that Turner was not exempt from joint and several liability and was not contractually entitled to insurance coverage directly from Central Synagogue.

Summary JudgmentContractual IndemnityConstruction ManagementNegligenceSubcontractor LiabilityInsurance Coverage DisputeJoint and Several LiabilityFire DamageNew York LawGeneral Obligations Law
References
33
Case No. 2021 NY Slip Op 04124
Regular Panel Decision
Jun 30, 2021

Kauffman v. Turner Constr. Co.

Craig Kauffman, a labor shop steward, suffered hearing loss at a construction site in 2012 while operating equipment without proper protection and subsequently sued Turner Construction Company, alleging negligence and violations of Labor Law §§ 200 and 241 (6). Initially, the Supreme Court denied both the defendant's motion for summary judgment and the plaintiff's cross-motion to amend his bill of particulars. However, after the note of issue was vacated, the plaintiff successfully amended his bill of particulars to include vicarious liability against Turner Construction Company as a joint venture partner. The Supreme Court then granted the defendant's renewed motion for summary judgment, dismissing the complaint. The Appellate Division affirmed the dismissal, finding that the Labor Law § 241 (6) regulations cited were either inapplicable or lacked specificity, and that Turner Construction Company lacked the necessary supervisory control over Kauffman's work to be held liable under Labor Law § 200 or common-law negligence.

Personal InjuryConstruction Site AccidentHearing LossLabor Law § 200Labor Law § 241(6)Summary JudgmentVicarious LiabilityJoint VentureAppellate ReviewSafe Place to Work
References
28
Case No. MISSING
Regular Panel Decision
May 20, 1981

Leahey v. Turner Construction Co.

Plaintiff James Leahey, an employee of Gerald Lollo & Sons, Inc. (a subcontractor for Turner Construction Company and Otis Elevator Company), was injured in 1974 at a construction site in Yonkers, New York. He tripped over a roll of wire from a cyclone fence near a workers' shanty, twisting his knee. Leahey sued Turner and Otis, who then brought a third-party action against Lollo. The trial court denied the defendants' request to instruct the jury on contributory negligence, believing Labor Law § 241 (6) imposed strict liability. The appellate court found this to be an error of law, stating that contributory negligence is a defense to the statute in issue. The judgment awarding Leahey damages was reversed, and the case was remanded for a new trial.

Construction accidentLabor LawContributory negligenceStrict liabilityJury instructionRemandWorkplace safetySubcontractor liabilityGeneral contractor liabilityPremises liability
References
1
Case No. MISSING
Regular Panel Decision

Turner v. Niagara Frontier Transportation Authority

Plaintiff Emmett L. Turner was severely injured after an accident on the vessel "Samuel Wilkeson," where he tripped and fell through an open hatch, resulting in quadriplegia. He sued his employer, Niagara Frontier Transportation Authority (NFTA), and the vessel owner, City of Buffalo, alleging negligence and unseaworthiness. The City moved for summary judgment, arguing it was not Turner's employer and had relinquished control of the vessel through a charter. The court denied the City's motion, finding genuine issues of material fact regarding its potential liability for both negligence and unseaworthiness, especially concerning defects present prior to the charter agreement. Additionally, the NFTA's motion to amend its answer to include a defense of waiver of federal remedies due to the plaintiff's acceptance of state workers' compensation was also denied, as there was no evidence of an unqualified waiver.

Maritime LawUnseaworthinessNegligenceJones ActSummary JudgmentWorkers' CompensationVessel CharterOwner LiabilityFederal Rules of Civil ProcedurePersonal Injury
References
41
Case No. 2019 NY Slip Op 02281
Regular Panel Decision
Mar 26, 2019

Matter of Whiting-Turner Contr. Co. v. Environmental Control Bd. of the City of N.Y.

The Appellate Division, First Department, confirmed a determination by the Environmental Control Board of the City of New York, which found Whiting-Turner Contracting Company in violation of New York City Building Code § BC 3301.2 and imposed a penalty of $2,400. The court found substantial evidence to support the Board's determination that Whiting-Turner was the general contractor and thus responsible for safety measures at a mall construction site, where a worker was injured. The court also upheld the Board's limitation of administrative appellate review to the record established before the hearing officer, as petitioner failed to show good cause for admitting new records after the hearing.

Building Code ViolationGeneral Contractor LiabilityConstruction Site SafetyAdministrative ReviewCPLR Article 78Appellate DivisionEnvironmental Control BoardWork PermitSubstantial EvidenceRecord Review
References
1
Case No. 2023 NY Slip Op 05631
Regular Panel Decision
Nov 08, 2023

Tompkins v. Turner Constr. Co.

The plaintiff, Thomas Tompkins, a carpenter, sustained injuries after tripping on a raised Masonite board while working on a construction project, leading him to file a personal injury action against Turner Construction Company and Conde Nast, alleging a violation of Labor Law § 241 (6). He moved for summary judgment on the issue of liability, but the Supreme Court, Suffolk County, denied his motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order. The appellate court found that the plaintiff had demonstrated a prima facie entitlement to judgment by establishing that his injuries were proximately caused by a tripping hazard in a passageway. The defendants failed to raise a triable issue of fact, leading to the granting of the plaintiff's motion for summary judgment on liability.

Construction AccidentPersonal InjurySummary JudgmentLabor Law § 241 (6)Industrial CodeTripping HazardAppellate DivisionWorkplace SafetyNondelegable DutyProximate Cause
References
5
Case No. MISSING
Regular Panel Decision
Oct 22, 1992

Baker v. Turner Construction Co.

This wrongful death action stemmed from the death of a sheetmetal worker employed by DNS Metal Industries, who allegedly fell due to unsafe workplace conditions maintained by general contractor Turner Construction Company. The plaintiff asserted that the decedent tripped over pipes left by Turner, leading to his death, while Turner contended a heart attack was the cause. A jury found Turner negligent, awarding the plaintiff $225,000. On appeal, the Supreme Court, New York County, affirmed the judgment, finding sufficient evidence supported the jury's verdict. The court also dismissed Turner's claim that its cross-claim against DNS was improperly handled, citing a lack of evidence that DNS controlled the site or contributed to the situation.

wrongful deathworkplace safetynegligencegeneral contractor liabilityLabor Lawjury verdictsufficiency of evidencecause of deathcontribution claimappellate review
References
3
Case No. MISSING
Regular Panel Decision

Turner v. New York Rosbruch/Harnik, Inc.

Plaintiffs Todd and Erin Turner sued New York Rosbruch/Harnik (NYRH) and the Estate of Alvin Russell Lewis, an NYRH employee, alleging fraud, breach of fiduciary duty, aiding and abetting fraud, and violations of the RICO Act. Plaintiffs claimed Defendants misrepresented investments for short-term, high-interest loans, leading to significant financial hardship. Defendant NYRH moved to dismiss the claims, specifically the civil RICO claim, for failure to state a claim and failure to satisfy pleading requirements. The court granted NYRH's motion, dismissing the RICO claim with prejudice due to insufficient pleading under Rule 9(b) and failure to establish a cognizable RICO violation. The court also declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice. The request for leave to replead was denied as futile.

FraudRICO ActMotion to DismissPleading RequirementsRule 9(b) FRCPWire FraudBreach of Fiduciary DutySupplemental JurisdictionInvestment FraudFinancial Advisor Misconduct
References
40
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