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

Case No. 2021 NY Slip Op 00572 [191 AD3d 692]
Regular Panel Decision
Feb 03, 2021

Penny v. County of Suffolk

In a personal injury action, plaintiff Harry Penny, a track coach, tripped and fell over starting blocks during a track meet. Defendants New York State Public High School Athletic Association, Inc., and Section XI moved for summary judgment, arguing they neither controlled the premises nor created the dangerous condition, and that plaintiff assumed the risk. The Supreme Court denied their motion. The Appellate Division affirmed, finding that evidence raised triable issues of fact regarding the defendants' responsibility for the equipment and the creation of the hazardous condition. Furthermore, the Appellate Division concluded that the defendants failed to establish a prima facie case that the plaintiff assumed the risk or that the starting blocks constituted an open and obvious, non-inherently dangerous condition.

Personal InjurySummary JudgmentPremises LiabilityDangerous ConditionTrip and FallSports EventAssumption of RiskContributionIndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision
May 27, 1969

Jones v. Radio City Music Hall Corp.

This case concerns an appeal from a judgment in a personal injury action. The plaintiff, an employee of A. G. Frichey Corp., fell from water piping installed by the defendant-appellant in a cooling tower. The piping was not intended to support the weight of workers, but the plaintiff used it for that purpose, leading to his fall. The court reversed the judgment against the defendant-appellant, dismissing the complaint. The majority held that the defendant-appellant had no duty to provide a safe place to work for the plaintiff under these circumstances, as the plaintiff used the instrumentality for a purpose for which it was not intended, thus assuming the risk. A dissenting opinion argued that the issue of custom and usage in the trade, regarding the foreseeability of such use, should have been a jury determination.

Personal InjuryUnintended UseAssumption of RiskDuty to Provide Safe Place to WorkConstruction AccidentAppellate ReviewJury VerdictNegligenceForeseeabilityCustom and Usage
References
12
Case No. 2026 NY Slip Op 00962
Regular Panel Decision
Feb 19, 2026

Beadell v. Eros Mgt. Realty LLC

This case concerns the liability of a hotel (Eros Management Realty, LLC and Tryp Management Inc.) for the suicide of a guest, Dr. Noah Beadell, who jumped from his 11th-floor room. His family, aware of his suicidal ideation, contacted the hotel multiple times, requesting staff to check on him and, later, to immediately call 911 for emergency intervention. Although hotel staff checked on the guest and eventually called 911, there was a significant delay (25 minutes) after the family's urgent request for police intervention. The plaintiffs, the decedent's mother and wife, argued the hotel assumed a duty to act with due care and breached it, leading to a lost opportunity to prevent the suicide. The Court of Appeals affirmed the Appellate Division's decision, holding that the hotel did not assume a duty to prevent the suicide under the circumstances, and that the plaintiffs' reliance on the hotel's promise to call 911 was not reasonably foreseeable to establish an assumed duty.

SuicideNegligenceAssumed DutyHotel LiabilityWrongful DeathProximate CauseForeseeabilityMental Health CrisisEmergency InterventionDelayed Response
References
36
Case No. 2024 NY Slip Op 02496 [229 AD3d 43]
Regular Panel Decision
May 07, 2024

Beadell v. Eros Mgt. Reality, LLC

This case concerns the suicide of Noah Beadell, a hotel guest, after his family notified hotel staff of his suicidal ideations and requested police assistance. Plaintiffs, Beadell's widow and sister, filed a negligence and wrongful death action against the hotel owner and management, alleging they assumed a duty to prevent suicide by agreeing to check on Beadell and promptly contact the police, but negligently delayed doing so. The Supreme Court initially denied the defendants' motion for summary judgment. However, the Appellate Division, First Department, reversed this decision, holding that the hotel did not owe or assume a duty of care to Beadell that would have placed him in a more vulnerable position. The court also concluded that plaintiffs failed to demonstrate proximate cause, deeming their expert testimonies on the preventability of the suicide and the impact of the delay as speculative, especially since police arrived before Beadell jumped. A dissenting opinion argued that the hotel's promise to call the police created an assumed duty, and a jury could reasonably find the delay contributed to Beadell's death.

Hotel LiabilitySuicide PreventionAssumed DutyNegligenceWrongful DeathProximate CauseSummary JudgmentExpert TestimonyAppellate ReviewPremises Liability
References
78
Case No. MISSING
Regular Panel Decision

Claim of Smith v. City of Rochester

Claimant, a parking monitor, appealed a decision by the Workers’ Compensation Board which denied her benefits for an accidental injury. The injury occurred when she fell on a wet floor while returning from an unpaid lunch break. The Board ruled the accident did not arise out of and in the course of her employment, a decision which was upheld on appeal. The court found that because the claimant had discretion over her lunch arrangements and the employer gained no benefit from her choice of restaurant, the incident fell outside the scope of employment. The appellate court affirmed the Board's denial of benefits.

Workers' CompensationLunch Break InjuryScope of EmploymentAccidentOff-DutyPersonal DiscretionEmployer AuthorityAppellate ReviewBenefit DenialInjury Claim
References
2
Case No. ADJ9405272
Regular
Feb 03, 2015

JACQUELINE LOTT vs. UNIVERSITY OF CALIFORNIA LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior decision that barred the applicant's claim under the going and coming rule. The Board found the applicant sustained an industrial injury on March 19, 2014, while employed as an administrative assistant. The injury occurred as she slipped and fell in a parking structure while on an unpaid lunch break, on the shortest route from her office to a snack bar. The Board determined this incident fell within the "reasonable margin of time and space" for ingress and egress from the employer's premises.

going and coming ruleindustrial injuryworkers' compensationadministrative assistantoffice complexparking structureunpaid lunch breakingress and egresspremises line rulecompensable
References
16
Case No. MISSING
Regular Panel Decision

Zirkel v. Frontier Communications of America, Inc.

Plaintiff Edward Zirkel was injured during his employment when a utility pole he was removing fell and struck him. He and his wife subsequently sued the pole's owners, alleging negligence and violations of various Labor Law provisions. The Supreme Court granted the defendants' cross motion for summary judgment, dismissing the complaint, leading to this appeal. Plaintiffs contested the dismissal of their Labor Law §§ 240 and 241 (6) claims. The appellate court affirmed the dismissal, finding that the Labor Law § 240 claim was inapplicable as the pole was not being hoisted or secured when it fell, and the Labor Law § 241 (6) claim lacked sufficient proof linking excavation to the pole's instability.

Utility Pole AccidentLabor Law § 240Labor Law § 241(6)Summary JudgmentFalling ObjectExcavationWorkplace InjuryAppellate ReviewGravity-Related AccidentStatutory Interpretation
References
4
Case No. MISSING
Regular Panel Decision
Apr 22, 2009

Ramirez v. Willow Ridge Country Club, Inc.

This judgment affirms the dismissal of a complaint after a jury trial in New York County. The plaintiff, injured during demolition work at Willow Ridge Country Club, Inc., claimed he fell from a deck with a removed railing, while the foreman stated he fell from ladders while pulling a gutter. The jury found a Labor Law § 240 (1) violation but determined it was not the proximate cause, accepting the foreman's account. The appellate court upheld the verdict, addressing the plaintiff's challenges regarding jury instructions on attorney-client privilege and the preclusion of an unsigned deposition transcript under CPLR 3116. The court found no grounds to overturn the jury's decision or the trial court's rulings.

Demolition accidentJury verdictLabor Law violationProximate causeCPLR 3116Attorney-client privilegeAppellate affirmancePersonal injuryConstruction safetyWitness testimony
References
10
Case No. MISSING
Regular Panel Decision

Claim of Natoli v. Smith Corona Marchant Corp.

The case involves an appeal from a Workmen's Compensation Board decision regarding an accidental injury sustained by an electrician. The claimant fell at work in August 1968, striking his head. A critical dispute arose over whether he fell from a ladder or the floor. Despite a compensation claim mentioning a ladder, the claimant later couldn't recall, and medical histories were silent on the matter. Two co-workers were present but their testimony was not entered into the record. The appellate court found that the Board erred in denying an opportunity to take the testimony of these crucial witnesses, deeming it necessary in the interest of justice. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings to incorporate the co-workers' testimony and issue a new decision.

Accidental InjuryCourse of EmploymentWorkers' CompensationAppellate ReviewRemandWitness TestimonyEvidentiary IssuesInterest of JusticeHead InjuryEmployment Accident
References
0
Case No. MISSING
Regular Panel Decision

Beroutsos v. Six Flags Theme Park, Inc.

Plaintiff Mr. Beroutsos suffered neck and back injuries after riding a roller coaster at defendant Six Flags Theme Park, Inc. The defendant moved for summary judgment, asserting that the plaintiff assumed the inherent risks of the ride, which were purportedly made clear through posted warnings and a souvenir manual. The court examined the doctrine of assumption of risk, emphasizing that it involves both knowledge and appreciation of the injury-causing defect, and is typically a factual question for the jury. The court found that the defendant failed to establish that the plaintiff assumed the risk of severe neck and back injuries, especially considering an expert's affidavit citing defective ride design. Consequently, the motion for summary judgment was denied.

Roller Coaster InjuryAssumption of RiskSummary Judgment MotionPersonal InjuryAmusement Park LiabilityNeck InjuryBack InjuryDefective DesignWarning SufficiencyQuestion of Fact
References
7
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