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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

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision

Health Acquisition Corp. v. Program Risk Management Inc.

The plaintiffs, home health care companies (Health Acquisition Corp., Bestcare, Inc., and Aides at Home, Inc.), sued various defendants, including accounting firm DeChants, Fuglein & Johnson, LLP (DFJ) and actuarial firm SGRisk, LLC, for professional negligence and negligent misrepresentation. The suit arose after the self-insurance trust they were members of became insolvent, leading to significant assessments from the Workers' Compensation Board. Plaintiffs alleged defendants concealed the trust's true financial state and their liability risks. The Supreme Court initially dismissed claims against DFJ and SGRisk. However, the appellate court reversed this decision, finding the complaint adequately alleged "near-privity" and negligence against both firms, even clarifying that actuaries could be held liable for common-law negligence despite not being licensed professionals for malpractice claims. A partial appeal concerning leave to amend the complaint was dismissed.

professional negligencenegligent misrepresentationCPLR 3211 (a)motion to dismissgroup self-insurance trustWorkers' Compensation Law § 50joint and several liabilityactuariesaccountantsnear-privity
References
15
Case No. MISSING
Regular Panel Decision
Oct 10, 1963

Chevis v. Luckenbach Overseas Corp.

Austin Chevis, a longshoreman, died in an accident aboard the SS LENA LUCKENBACH in Beaumont, Texas, due to unseaworthiness and negligence of the vessel owners. His wife and children filed a civil action under the Texas Wrongful Death Statutes. The court found the vessel owners, Luckenbach Overseas Corporation and Maritime Overseas Corporation, grossly negligent and the vessel unseaworthy, which proximately caused Chevis's death. The stevedore, James J. Flanagan Shipping Corporation, was found to have breached its warranty of workmanlike service. Austin Chevis was found 20% contributorily negligent. The court awarded the plaintiffs $128,000 in actual damages and $32,000 in exemplary damages, after reducing for contributory negligence, and granted 50% indemnity to the defendants from the stevedore.

Wrongful DeathMaritime AccidentLongshoremenVessel UnseaworthinessEmployer NegligenceGross NegligenceContributory NegligenceIndemnity ClaimSubrogation RightsDamages Award
References
6
Case No. MISSING
Regular Panel Decision

Salamon v. Motor Vessel Poling Bros. No. 11, Inc.

Plaintiff Romolo Salamon, a cook, sued defendant Motor Vessel Poling Bros. No. 11, Inc. (Poling) for personal injuries under unseaworthiness and Jones Act negligence theories after slipping on a stairway owned by Automatic Comfort Corp. Poling impleaded Automatic Comfort, and Salamon later amended his complaint to include Automatic Comfort. Poling moved for dismissal, and Salamon cross-moved for summary judgment. The court granted Poling's motion to dismiss the unseaworthiness claim, finding no defect in the ship or its equipment. However, the court denied Poling's motion to dismiss the negligence claim under the Jones Act, stating there was a factual issue regarding Poling's duty to provide a safe place to work given the stairway's proximity and frequent use. Plaintiff's cross-motion for summary judgment was denied.

Maritime LawJones ActUnseaworthinessPersonal InjuryNegligenceSummary JudgmentDismissal MotionThird-Party ComplaintSeaman's RightsSafe Place to Work
References
9
Case No. MISSING
Regular Panel Decision

Olsen v. James Miller Marine Service, Inc.

Plaintiff, an employee of Reicon/Reinauer, was injured while working on a barge by falling into an uncovered hole. He received federal workers’ compensation benefits under the LHWCA. In this action, plaintiff alleged both state Labor Law and federal LHWCA violations. The Supreme Court denied appellants' cross-motion for summary judgment and granted plaintiff's cross-motion for summary judgment on the Labor Law § 240 (1) claim. It also granted Reinauer and Reicon's motion to dismiss appellants' contribution cross-claims. The appellate court modified the order to reinstate appellants' contribution cross-claims against Reinauer and Reicon, finding a triable issue of fact regarding their negligence as vessel owners. The court affirmed the denial of summary judgment for appellants on plaintiff's claims and the grant of summary judgment to plaintiff on the Labor Law § 240 (1) claim, and found that material issues of fact exist regarding the Labor Law § 200 and common-law negligence claims against Con Edison. The LHWCA does not preempt the Labor Law claims against Con Edison and D'Onofrio, and third-party claims for contribution from an employer/vessel owner are not foreclosed under the LHWCA if based on negligence in the vessel-owner capacity.

Workers' CompensationLongshore and Harbor Workers' Compensation ActLHWCALabor LawMaritime LawFederal PreemptionSummary JudgmentContributionIndemnificationWorkplace Safety
References
16
Case No. MISSING
Regular Panel Decision

Citizen v. M/V TRITON

This Memorandum Opinion addresses an injury sustained by a plaintiff longshoreman in the Port of Beaumont on July 26, 1973, while working for Gulf Stevedore Corporation, an independent contractor for the defendant vessel owner, M/V TRITON. The longshoreman was injured after stepping into an open space between bags of flour in the No. 4 hold, a condition created by improper stowage by the Stevedore during a previous loading in Galveston. The core legal issue revolves around the interpretation of the 1972 Amendments to the Longshoremen’s & Harbor Workers’ Compensation Act, which eliminated unseaworthiness as a basis for vessel liability and shifted the primary duty for a safe workplace to the stevedore. The Court found that the Stevedore was in sole charge of all loading operations, and the vessel owner had no duty regarding the stowage method, thus precluding a finding of vessel negligence. Consequently, the Court entered judgment for the defendant vessel owner, emphasizing that the burden of proving negligence was not met.

Longshoremen's & Harbor Workers' Compensation Act1972 AmendmentsVessel NegligenceStevedore DutyUnseaworthiness DoctrineSafe Place to WorkCargo StowageMaritime LawThird Party LiabilityPort of Beaumont
References
10
Case No. MISSING
Regular Panel Decision

Haynes v. Rederi A/S Aladdin

In this admiralty case, a gang foreman, referred to as the libelant, sought damages for injuries sustained from a fall on the vessel ss ASKVIN in January 1957, alleging unseaworthiness and negligence. The respondents denied liability and claimed contributory negligence. Texas Employers Insurance Association intervened to recover compensation and medical expenses paid. The court found the vessel unseaworthy and the respondents negligent. However, it also determined that the libelant was 50% contributorily negligent. Damages for lost wages and pain and suffering were awarded to the libelant, which were then reduced by half, and the intervenor was reimbursed for its payments. A subsequent motion to retax costs addressed attorney's fees.

LongshoremanMaritime LawUnseaworthinessNegligenceContributory NegligencePersonal InjuryDamagesWorkers' CompensationAdmiraltyFederal Employers' Liability Act
References
14
Case No. MISSING
Regular Panel Decision

Heim v. City of New York

The plaintiff filed an amended complaint asserting admiralty jurisdiction for personal injuries sustained after falling into a pier hole in Staten Island while preparing to load a vessel. The defendants included The City of New York (pier owner), George W. Rogers Construction Corporation (general contractor), Ocean Burning, Inc. (vessel owner), and S.A.S. Equipment Company, Inc. (demolition contractor). The plaintiff alleged negligence by all defendants, particularly against Rogers for placing the vessel alongside the pier without warning of hazards. The court examined whether admiralty jurisdiction applied under 46 U.S.C. § 740, which extends jurisdiction to injuries 'caused by a vessel on navigable water' even if consummated on land. The court found no admiralty jurisdiction, concluding that the injury was a 'classic non-maritime tort' unrelated to traditional maritime activity or the vessel's negligent handling. Claims under the Federal Longshoremen’s Harbor Workers’ Compensation Act (33 U.S.C. § 905(b)) and 28 U.S.C. § 1331 were also rejected, as they do not create independent causes of action or extend jurisdiction in this context. Consequently, the motions to dismiss for lack of subject matter jurisdiction were granted, without prejudice to state court proceedings.

Admiralty JurisdictionMaritime LawPersonal InjuryPier AccidentFederal JurisdictionSubject Matter JurisdictionLongshore and Harbor Workers' Compensation ActPendent JurisdictionTort LawVessel Liability
References
7
Case No. MISSING
Regular Panel Decision

Rawlins v. United States

Longshoreman Timothy Rawlins sustained a severe left knee injury after slipping on an oily and wet deck aboard the CAPE VINCENT, a vessel owned by the United States government. Rawlins sued the United States for negligence, asserting that the vessel owner failed to maintain a safe working environment. The court found the United States and its crew 80% negligent for not addressing the known hazardous conditions, as they retained active control over the loading operations. Rawlins was assigned 20% comparative negligence for stepping into the known slippery area while avoiding a moving vehicle. Ultimately, the court awarded Rawlins $428,089.83 in damages from the United States, after accounting for comparative negligence and reimbursing his employer's compensation lien.

Maritime LawAdmiralty LawLongshoreman InjuryVessel Owner NegligenceComparative NegligenceUnsafe Working ConditionsSlippery DeckPublic Vessels ActSuits in Admiralty ActLHWCA
References
9
Case No. MISSING
Regular Panel Decision

Sweeney v. City of New York

Plaintiff Partnow, a dock builder, was injured in a slip and fall on a barge deck while working for Reicon, a marine construction contractor, at a site for the City of New York. He sued Reicon, Reinauer Transportation Companies, L.P. (vessel owner and Reicon's parent), and the City for Labor Law and LHWCA violations. Defendants Reicon and Reinauer moved for summary judgment, arguing LHWCA's exclusive remedy and a lack of vessel negligence. The court found genuine issues of material fact regarding Reinauer's employer status and its breach of "turnover duty" as a vessel owner by allegedly providing a barge with a defective nonskid coating. Consequently, the court denied dismissal for the LHWCA vessel negligence claims and the Labor Law §§ 200 and 241 (6) claims, while granting dismissal solely for the Labor Law § 240 (1) claim due to the absence of a gravity-related injury.

LHWCASummary Judgment MotionVessel Owner LiabilityLabor Law (New York State)Corporate Veil PiercingParent-Subsidiary RelationsMaritime NegligenceDock Builder InjuryBarge OperationsNon-Skid Coating Failure
References
30
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