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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

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

Hard Rock Cafe International, (USA), Inc. v. Hard Rock Hotel Holdings, LLC

Plaintiff Hard Rock Café International (USA), Inc. (HRCI), owner of 'Hard Rock' trademarks, sued Hard Rock Defendants and Equity Holder Defendants for breach of contract, trademark dilution, infringement, and unfair competition. The Hard Rock Defendants counterclaimed for breach of contract, breach of the covenant of good faith and fair dealing, and tortious interference. The court addressed multiple motions to dismiss and a motion to compel arbitration. Claims against most Equity Holder Defendants were dismissed, except for Morgans Management. The motion to compel arbitration for issues related to the 'Rehab' TV show and the Tulsa and Albuquerque properties was granted, but a motion to stay the action pending arbitration was denied. The court also granted HRCI's motion to dismiss certain breach of contract counterclaims and the tortious interference counterclaim, while denying dismissal for other breach of contract counterclaims and the good faith and fair dealing counterclaim.

Trademark DisputeLanham ActUnfair CompetitionBreach of ContractMotion to DismissArbitrationLicensing AgreementJoint TortfeasorGood Faith and Fair DealingTortious Interference
References
72
Case No. MISSING
Regular Panel Decision
Apr 23, 2008

Stalker v. Goodyear Tire and Rubber Co.

George R. Stalker died from a truck tire 'zipper rupture' while inflating it. His widow, the plaintiff, filed a products liability lawsuit against the tire manufacturer, Goodyear Tire and Rubber Company, and the retreader, Rua & Sons, Inc., alleging design defect and failure to warn. The Supreme Court granted summary judgment to the defendants, dismissing the complaint. On appeal, the court affirmed this decision, ruling that the plaintiff failed to present sufficient evidence of a design defect and that the decedent, with over 20 years of experience, was already aware of the specific dangers and proper safety precautions related to tire inflation, thus negating the failure to warn claim.

Products LiabilityTire ExplosionZipper RuptureDesign DefectFailure to WarnSummary JudgmentAppellate ReviewExperienced WorkerSafety PrecautionsExpert Witness Testimony
References
14
Case No. MISSING
Regular Panel Decision
Feb 29, 2000

Briggs v. Goodyear Tire & Rubber Co.

Plaintiffs James Briggs and Harry Gibbs, representing a proposed class, sued Goodyear Tire & Rubber Company, alleging unjust enrichment due to Goodyear's refusal to comply with a prior Release and Settlement Agreement. This agreement, approved by the court in 1998, mandated Goodyear provide a bladder cancer surveillance program for former employees in exchange for plaintiffs dropping claims. Plaintiffs sought a constructive trust on Goodyear's assets, arguing legal remedies were inadequate for the program's unpredictable, long-term costs. The court granted Goodyear's motion to dismiss, citing a lack of subject matter jurisdiction as it did not retain jurisdiction over the previous agreement, and plaintiffs failed to establish diversity jurisdiction regarding the amount in controversy. Furthermore, the court found plaintiffs failed to state a claim for a constructive trust because a valid contract existed, precluding such equitable claims, and they did not adequately allege a confidential relationship or a proper transfer of an identifiable res.

Unjust EnrichmentConstructive TrustSubject Matter JurisdictionDiversity JurisdictionAmount in ControversyClass Action SettlementSettlement Agreement EnforcementAncillary JurisdictionRule 12(b)(1) DismissalRule 12(b)(6) Dismissal
References
29
Case No. MISSING
Regular Panel Decision
Jan 24, 1994

Kowalski v. Goodyear Tire and Rubber Co.

Plaintiffs Dorothy J. and Louis Kowalski, Jr. sued Goodyear Tire & Rubber Company for negligence and strict liability, alleging Mrs. Kowalski contracted bladder cancer from ortho-toluidine exposure via her husband's work clothes from Goodyear's Niagara Falls plant. Goodyear sought summary judgment, arguing the claim was time-barred, the strict liability claim was undefined, and no duty was owed to Mrs. Kowalski. The court denied Goodyear's motions, ruling that the federally required commencement date under CERCLA preempted the state statute of limitations. The court also found that plaintiffs adequately alleged Goodyear owed a duty of care due to the foreseeable harm from secondary exposure to a known dangerous substance, and that the strict liability claim required further evidence.

negligencestrict liabilitystatute of limitationsCERCLASARAhazardous substancestoxic exposurebladder canceroccupational diseasesecondary exposure
References
19
Case No. CV-23-0674
Regular Panel Decision
Jun 20, 2024

Matter of Winkelman v. Sumitomo Rubber USA

Claimant Ronald Winkelman sustained work-related injuries in 2000 and 2018 while working for Sumitomo Rubber USA. After the second injury, he sought treatment and was found to have a temporary disability, leading to a note with lifting restrictions. When the employer couldn't accommodate, he was told not to return. He subsequently worked per diem jobs and filed for awards. The carrier suspended payments and alleged a Workers' Compensation Law § 114-a violation, arguing claimant made false statements about his activities and employment. The Workers' Compensation Board affirmed the WCLJ's finding that no violation occurred and that claimant was entitled to reduced earnings, concluding that observed activities were not proven to exceed restrictions and sporadic assistance to his spouse was not an intentional misrepresentation. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Workers' CompensationTemporary DisabilityReduced EarningsFalse StatementMisrepresentationIndependent Medical ExaminationSurveillance VideoLabor Market AttachmentAppellate ReviewSubstantial Evidence
References
13
Case No. MISSING
Regular Panel Decision

Paramount Bag Manufacturing Co. v. Rubberized Novelty & Plastic Fabric Workers' Union, Local 98

Paramount Bag Manufacturing Co., Inc. sought to stay arbitration of a labor dispute with Rubberized Novelty and Plastic Fabric Workers’ Union, Local 98, I.L.G.W.U. The dispute arose after Paramount terminated its manufacturing operations but continued dealing in similar products, leading the union to claim violations of collective bargaining agreements regarding work preservation. Paramount argued the court lacked jurisdiction, that the agreement's relevant clause was an illegal 'hot cargo' clause, and that the agreement was procured by fraud. The District Court denied Paramount's motion to remand and for summary judgment, granting the union's motion for summary judgment. The court affirmed federal jurisdiction under Section 301(a) of the Labor Management Relations Act and held that the arbitrability of the dispute, including claims of illegality and fraud, falls within the broad arbitration clauses of the collective bargaining agreements.

Labor DisputeArbitrationCollective Bargaining AgreementHot Cargo ClauseWork Preservation ClauseFraud in InducementJurisdictionSummary JudgmentNational Labor Relations ActLabor Management Relations Act
References
26
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Dunlop Tire & Rubber Corp.

This proceeding sought to annul a determination of no probable cause by the New York State Division of Human Rights, affirmed by the State Human Rights Appeal Board. The petitioner alleged racial discrimination by Dunlop Tire and Rubber Corporation and United Rubber Workers, Local No. 135. The court ruled that a prior Federal District Court dismissal of the petitioner's identical discrimination claim against the same defendants, under federal law, barred the instant state action based on the doctrine of res judicata. The elements required for establishing a prima facie case in both federal and state actions were deemed nearly identical. Additionally, the court found substantial evidence supported the New York State Human Rights Appeal Board's determination.

Human Rights LawRacial DiscriminationEmployment DiscriminationRes JudicataExecutive LawPrior AdjudicationState Division of Human RightsHuman Rights Appeal BoardNew YorkFederal Precedent
References
6
Case No. MISSING
Regular Panel Decision
Dec 15, 2006

Harding v. Onibokun

This medical malpractice action involves infant plaintiff Kyla Harding who sustained injuries due to the negligence of defendant Adedayo Onibokun. A jury found the defendant liable and awarded damages of $150,000 for past pain and suffering and $5,000,000 for future pain and suffering. The defendant moved to set aside the verdict, alleging excessive damages and that the liability finding was swayed by sympathy. The court denied the motion to set aside the liability finding and the past pain and suffering award. However, the motion to set aside the future pain and suffering award was granted, with a new trial on damages unless the plaintiff stipulates to a reduced amount of $2,950,000.

Medical MalpracticeJury VerdictDamagesPain and SufferingErb's PalsyNegligenceExcessive DamagesWeight of EvidenceConditional RemittiturJudicial Review
References
49
Case No. MISSING
Regular Panel Decision

Kanney v. Goodyear Tire & Rubber Co.

Plaintiff's decedent, an employee of Niagara Coating Services, Inc., died after falling from an exterior scaffold erected by Oldman Boiler Works, Inc. on property owned by The Goodyear Tire and Rubber Company. The court properly granted plaintiff's motion for partial summary judgment against Goodyear under Labor Law § 240 (1), citing Goodyear's nondelegable duty as property owner to provide proper protection. However, the court erred in finding Oldman liable under Labor Law §§ 200, 240 (1), and 241 (6), as Oldman lacked supervisory control over the decedent's work. The court correctly denied Oldman's summary judgment motion regarding common-law negligence, as Oldman failed to prove it owed no duty or that the scaffold was defect-free. Finally, the court erred in granting Goodyear's cross-motion for contractual indemnification from Oldman, as Goodyear did not establish its entitlement under the contract terms.

Scaffolding accidentLabor Law § 240 (1)Labor Law § 200Labor Law § 241 (6)Summary judgmentContractual indemnificationCommon-law negligenceProperty owner liabilityContractor liabilityNondelegable duty
References
15
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