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

Case No. MISSING
Regular Panel Decision

Pataki v. New York State Assembly

This Opinion of the Court resolves a significant dispute between the Governor and the New York State Legislature concerning their constitutional roles in the state budget process, affirming the executive budgeting system established in 1927. The Court reinforced the principle that the Governor acts as the budget's "constructor," with the Legislature primarily limited to striking out or reducing appropriation items. In Silver v Pataki, the Court declared the Legislature's actions unconstitutional for attempting to alter the purposes and conditions of Governor's 1998 appropriation bills through subsequent legislation. Similarly, regarding the 2001 budget in Pataki v New York State Assembly, the Court rejected the Legislature's use of "single-purpose bills" to replace Governor's appropriation items and upheld the Governor's authority to include detailed programmatic conditions within appropriation bills. Ultimately, the Court affirmed the Appellate Division's orders, deciding the dispute in the Governor's favor and reiterating that all appropriations inherently involve policy decisions, thereby limiting judicial intervention in budgetary content disputes unless clearly non-budgetary.

Executive BudgetingLegislative PowerSeparation of PowersAppropriation BillsLine-Item VetoConstitutional LawNew York Court of AppealsBudget ProcessGubernatorial AuthorityLegislative Alteration
References
19
Case No. MISSING
Regular Panel Decision

Fernandez v. Hale Trailer Brake & Wheel

Plaintiff Augustine Fernandez filed a lawsuit in New York State Court following an automobile collision, seeking one million dollars in damages. He named Hale Trailer Brake & Wheel, John Doe, JBN Transport, and Dan Schantz Farm & Greenhouses as defendants. The defendants removed the case to federal court, citing diversity jurisdiction. Fernandez moved to remand the case back to state court, arguing the removal was untimely and the amount in controversy was insufficient. The court, applying the "last-served defendant rule," determined the removal was timely as the last defendant received the summons on April 23, 2004, and the removal petition was filed within 30 days. The court also accepted Fernandez's stated damages of $1 million for diversity jurisdiction purposes, rejecting his attempt to disclaim it. Consequently, Fernandez’s motion to remand the case to state court was denied.

Diversity JurisdictionRemoval JurisdictionMotion to RemandTimeliness of RemovalLast-Served Defendant RuleAmount in ControversyService of ProcessStatutory AgentCivil ProcedureSouthern District of New York
References
23
Case No. 04-14-00829-CV
Regular Panel Decision
Dec 24, 2014

Western Rim Property Services Inc. v. Paula Bazan-Garcia

This case involves an appeal by Western Rim Property Services, Inc. (WRPS) from a trial court order denying its motion to compel arbitration against former employee Paula Bazan-Garcia. Bazan-Garcia, an at-will employee, signed an Arbitration Agreement and an Employee Acknowledgement form, both incorporating AAA rules for dispute resolution. She later sued WRPS for wrongful termination, alleging workers' compensation retaliation and FMLA violations. WRPS moved to compel arbitration, but Bazan-Garcia opposed, arguing the agreement was unconscionable due to limitations on discovery, mandatory cost-sharing, and a specified arbitration venue in Dallas County. The trial court found the arbitration agreement unconscionable and denied WRPS's motion. WRPS argues that the trial court abused its discretion, contending that Bazan-Garcia clearly agreed to arbitrate, that the issue of unconscionability was delegated to the arbitrator by reference to AAA rules, and that, even if the court had jurisdiction, the agreement is not unconscionable or any problematic terms should be severed.

Employment LawArbitration AgreementUnconscionabilityWrongful TerminationRetaliatory DischargeFMLAWorkers CompensationContract LawTexas LawAAA Rules
References
36
Case No. MISSING
Regular Panel Decision

Powell v. Charles Offutt Co.

Kenneth Powell was injured and his spouse killed in an accident involving a tire and wheel-rim assembly. He sued Charles Offutt Company, who then filed a third-party complaint against several manufacturers, including Firestone Tire & Rubber Company and Freightliner Corporation, for contribution and indemnity. Powell subsequently amended his complaint to include these manufacturers as direct defendants. Firestone and Freightliner were granted summary judgment against Powell's direct claims. Offutt then sought summary judgment for its indemnity and contribution claims against Firestone and Freightliner. The court examined whether contribution or indemnity is recoverable from a party against whom the injured party (Powell) has no cause of action, specifically when claims are barred by summary judgment or statute of limitations. The court rejected Offutt's argument for an exception to the general rule that such claims are derivative. Consequently, the court granted summary judgment in favor of Firestone and Freightliner, ruling that Offutt was not entitled to contribution or indemnity.

Summary JudgmentContributionIndemnityStatute of LimitationsDerivative ClaimsTexas LawThird-Party ActionFederal Court DecisionTort LawProduct Liability
References
22
Case No. MISSING
Regular Panel Decision

McAllister v. Renu Industrial Tire Corp.

The plaintiff, injured by a split-rim tire assembly during employment, sued his employer (the defendant) for 'fraudulent and intentional' impairment of his right to sue the manufacturer, alleging destruction of evidence. The defendant's president had assured the plaintiff of workers' compensation coverage, and the assembly was discarded later. Both parties testified there was no agreement to preserve the assembly. The Supreme Court granted summary judgment to the defendant, stating employers lack a duty to preserve such instrumentalities without prior agreement. The appellate court affirmed, finding no duty as the assembly was innocently discarded before notice of a potential lawsuit.

Destruction of EvidenceSpoliation of EvidenceSummary JudgmentEmployer LiabilityWorkers' CompensationDuty to PreserveThird-Party LawsuitAppellate ReviewFraudulent ConductTortious Conduct
References
2
Case No. MISSING
Regular Panel Decision

Hakim v. Armstrong Rubber Co.

Joseph Hakim initiated a negligence action seeking damages for personal injuries after a forklift tire he was changing exploded. He alleged that Armstrong Rubber Company negligently designed and manufactured the tire, Firestone Tire & Rubber Company negligently designed and manufactured the wheel rim, and Clark Equipment Company negligently manufactured and failed to inspect the forklift. Armstrong and Firestone successfully moved for summary judgment by presenting evidence that they did not manufacture the specific tire or rim involved, which Hakim failed to rebut with sufficient evidence. Conversely, Clark Equipment Company's motion for summary judgment was denied due to its failure to provide any evidence disproving its involvement in the forklift's manufacture or inspection.

Forklift accidentTire explosionProduct liabilitySummary judgmentNegligenceManufacturing defectDesign defectInspection failureHearsay evidencePrima facie case
References
2
Case No. MISSING
Regular Panel Decision

Advance Tire & Wheels, LLC v. Enshikar

Abrhim Enshikar sued his employer, Advance Tire and Wheels, LLC, for negligence after sustaining severe hand injuries from an exploding oversized tire. Enshikar, a tire repairman, was inflating a large tire without proper safety equipment, as the tire was too big for the standard inflator machine. His supervisor briefly assisted but left before the explosion. Advance Tire, a nonsubscriber to workers' compensation, appealed the trial court's judgment in Enshikar's favor, challenging the sufficiency of evidence for negligence. The appellate court affirmed the judgment, holding that Advance Tire breached its nondelegable duty to provide a safe workplace and necessary equipment, and this breach proximately caused Enshikar's injuries.

NegligenceEmployer LiabilityWorkplace SafetyUnsafe EquipmentTire ExplosionPersonal InjuryTexas Labor LawNon-subscriber EmployerDuty of CareProximate Cause
References
27
Case No. 147 AD3d 537
Regular Panel Decision
Feb 16, 2017

Ahern v. NYU Langone Medical Center

Plaintiff Michael Ahern, a laborer, allegedly suffered injuries at a construction site when a mini-container's wheel rolled over his foot. He asserted a Labor Law § 241 (6) claim, predicated on Industrial Code (12 NYCRR) § 23-1.28 (b), alleging the container's wheels were not free-running. The Supreme Court initially granted summary judgment to Cardella Trucking Company, Inc. and the NYU Hospital defendants, dismissing the claim. On appeal, the Appellate Division, First Department, affirmed the dismissal against Cardella, ruling it was merely a supplier. However, it modified the order by denying the NYU Hospital defendants' motion for summary judgment, finding a question of fact existed regarding the mini-container's wheels, thereby reinstating the claim against them.

Summary JudgmentLabor LawIndustrial CodeConstruction AccidentDefective EquipmentPremises LiabilityAppellate ReviewQuestion of FactStatutory ViolationPersonal Injury
References
4
Case No. 2018 NY Slip Op 03199
Regular Panel Decision
May 03, 2018

Wellington v. Christa Constr. LLC

Plaintiff Daniel Wellington, a masonry subcontractor employee, was injured when a tire rim fell from a roof, striking him on the head. The tire rim, placed by defendant Tower Roofing Company, Inc. for a safety barrier, fell due to windy conditions. Wellington and his spouse sued Tower Roofing and Christa Construction LLC (general contractor) for negligence and Labor Law violations. The Appellate Division determined that Tower Roofing was liable under Labor Law § 240 (1) for failing to secure the tire rim, which was considered a falling object that required securing. The court modified the lower court's order to grant plaintiffs' motion for partial summary judgment on this issue and affirmed the denial of summary judgment for contractual indemnification due to unresolved factual questions regarding negligence.

Construction AccidentLabor LawFalling ObjectSubcontractor LiabilityGeneral Contractor LiabilitySummary JudgmentAppellate ReviewContractual IndemnificationNegligenceElevation Hazard
References
30
Case No. MISSING
Regular Panel Decision

Lowe's Home Centers, Inc. v. GSW Marketing, Inc.

In this case, Natasha Tanner sought damages for injuries sustained when a toilet tank fell and struck her in a Lowe's store. She asserted claims of negligent activity and premises liability against Snow Mountain Construction, Inc., which built the original display, and Salesmakers, Inc., which maintained a later display. Lowe's Home Centers, Inc. intervened to assert its subrogation rights for workers' compensation benefits paid to Tanner. The trial court granted summary judgment in favor of Snow Mountain and Salesmakers. The appellate court affirmed the trial court's judgment, finding that Tanner produced no evidence that either company had a duty to discover the toilet was incorrectly assembled, nor did Salesmakers undertake a duty to inspect the toilet's internal assembly. The court concluded that the defendants' responsibilities did not extend to the internal assembly of the toilet itself.

Negligent ActivityPremises LiabilitySummary JudgmentDuty to InspectIndependent ContractorProduct AssemblyDisplay SafetyRetail Store InjuryWorkers' Compensation SubrogationTexas Law
References
27
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