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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

Washington v. East 87th & 88th Street Contracting Co.

This case addresses a motion to set aside a $75,000 verdict, focusing on the interpretation of the 1969 amendment to Labor Law section 241 concerning general contractors' liability for construction worker injuries. The plaintiff, injured in 1971 while working for a subcontractor, sued the general contractor, who then sought indemnification from the subcontractor-employer. The court analyzed conflicting appellate decisions regarding whether the amendment eliminated the requirement to establish the general contractor's active control over the work. Ultimately, the court concluded that the law regarding control remains unchanged and set aside the verdict, dismissing the complaints. The decision also delved into policy considerations concerning workmen's compensation as the exclusive remedy against employers and incentives for workplace safety.

Labor Law § 241General Contractor LiabilityConstruction Worker InjurySubcontractor IndemnificationWorkmen's Compensation ActStatutory InterpretationAppellate Division ConflictSafety RegulationsTort ActionEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision

Bugge v. Sweet

Plaintiff appealed an order from the Supreme Court in Otsego County which set aside a jury verdict in his favor for $10,000 and directed a verdict for the defendant. The case stemmed from a 1975 motor vehicle accident, with the central legal question being whether the plaintiff sustained a "serious injury" as defined by Insurance Law § 671(4) at the time. The appellate court reviewed the medical evidence presented, specifically the testimony of the plaintiff's doctor. The court found the doctor's testimony regarding the permanency and causal link of the injury to the accident to be burdened with doubt, speculation, and inconsistency. Consequently, the appellate court determined that the plaintiff failed, as a matter of law, to establish the "serious injury" threshold required for recovery. Therefore, the order and judgment in favor of the defendant were affirmed.

Motor Vehicle AccidentPersonal InjurySerious Injury ThresholdInsurance LawSpinal FusionLumbo-sacral StrainCausationPermanencyMedical Expert TestimonyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Feb 23, 1968

Weeks v. Beardsley

Raymond H. Weeks, an employee of joint venture contractors, died on October 30, 1964, after being struck by an automobile operated by Beverly J. Beardsley. The plaintiff appealed a Supreme Court judgment in favor of the defendants, which resulted from a jury verdict of no cause of action, and an order denying the plaintiff’s motion to set aside that verdict. The appellate court affirmed the judgment, concluding that the jury's findings regarding the decedent's contributory negligence and the defendant operator's freedom from negligence were supported by a fair interpretation of the evidence, and therefore, the verdict was not palpably wrong.

Wrongful DeathAutomobile AccidentContributory NegligenceJury VerdictAppellate ReviewEvidence SufficiencyNegligenceMotion to Set Aside VerdictTrial TermAffirmed Judgment
References
9
Case No. MISSING
Regular Panel Decision

Carpenter v. Albee

Plaintiff Gary D. Carpenter, a blacktop paver, sustained serious injuries when he was struck and dragged by a dump truck driven by defendant Bruce W. Albee while working on Interstate Route 88. Carpenter and his wife commenced a personal injury action against Albee and his employer. A jury trial resulted in a verdict finding no negligence on the part of the defendants. Plaintiffs' motions to set aside the verdict and for a new trial were denied. The plaintiffs appealed, arguing that the jury's finding of no negligence was against the weight of the evidence. The appellate court disagreed, finding that there was conflicting evidence that the jury could fairly interpret in the defendant's favor, and affirmed the lower court's judgment and order.

Personal InjuryNegligenceJury VerdictAppellate ReviewWeight of EvidenceAutomobile AccidentWorkplace AccidentConflicting TestimonyCredibility IssuesAffirmed Judgment
References
6
Case No. MISSING
Regular Panel Decision

People v. Teitelbaum

This case addresses defendants', who are police officers, motion to set aside a verdict of guilty for bribe receiving and official misconduct. The motion was based on alleged improper conduct by Juror No. 3, Lillian Feeley, who did not disclose her volunteer affiliation with the Queens County District Attorney's office during jury selection. A post-trial hearing revealed that Feeley was a volunteer court watcher for a public relations program, had no contact with legal staff, and exhibited no pro-prosecutorial bias. The court found that Feeley did not intentionally withhold information and that her association was too remote to the prosecution by a special State prosecutor to constitute bias. Consequently, the court denied the motion for a new trial, determining that any irregularity was harmless and did not impact the verdict.

Juror MisconductVoir DireFair TrialImpartial JuryVerdict NullificationCPL 330.30District Attorney AffiliationCourt Watcher ProgramActual BiasPrejudice
References
35
Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. MISSING
Regular Panel Decision

Pedone v. B & B Equipment Co.

In a personal injury action, the plaintiff sued B & B Equipment Co., Inc., alleging a defective backhoe caused injury. A jury found B & B negligent but not the proximate cause. The Supreme Court, Nassau County, set aside this verdict and granted a new trial on causation. On appeal, the order was reversed. The appellate court reinstated the jury's verdict, finding it supported by a fair interpretation of the evidence, particularly given conflicting testimony about how the accident occurred and the jury's role in assessing witness credibility. Consequently, the plaintiff's motion was denied, and the complaint was dismissed.

Personal InjuryNegligenceProximate CauseJury VerdictAppellate ReviewWeight of EvidenceCredibility AssessmentBackhoe AccidentCausationCPLR 4404
References
9
Case No. MISSING
Regular Panel Decision
Jun 03, 1996

Gropper v. St. Luke's Hospital Center

In this personal injury action, the plaintiff, a steamfitter, alleged injuries from a slip and fall at a construction site. The defense claimed the accident was feigned, particularly highlighting inconsistencies in workers' compensation accident reports regarding the date of injury. The trial court initially set aside a jury verdict favoring the defendants and ordered a new trial on liability and damages. However, the Supreme Court, New York County, reversed this decision, finding that references to workers' compensation during summation were permissible as the plaintiff had 'opened the door' to the issue. Consequently, the jury's original verdict in favor of the defendants was reinstated, and the complaint was dismissed.

Personal InjuryWorkers' CompensationJury VerdictAppellate ReviewEvidentiary RulingSummation ArgumentInconsistent StatementsAccident ReportLiabilityDamages
References
2
Case No. MISSING
Regular Panel Decision
May 26, 2005

Franco v. Jay Cee of New York Corp.

An apprentice elevator mechanic was injured by an elevator counterweight while working on an elevator modernization project at a building owned by Jay Gee of New York Corp. The plaintiff sued Jay Gee and TJK, alleging negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6), which incorporated 12 NYCRR 23-2.5 (b) (3) regarding the need for partitions. After a jury found Jay Gee not liable, the plaintiff moved to set aside the verdict. The Supreme Court reversed the jury's verdict, finding that the trial court erred by allowing defense witnesses to provide misleading expert testimony on the interpretation of Industrial Code § 23-2.5 (b) (3). The case was remanded for a new trial, with the court noting that instructions on the defense of impossibility might be required.

Elevator AccidentConstruction Site SafetyLabor LawIndustrial CodeJury VerdictEvidentiary ErrorExpert TestimonyStatutory InterpretationRemandNew Trial
References
8
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
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