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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

E. Williamson Roofing & Sheet Metal Co. v. Town of Parish

The dissenting opinion argues that the majority erred in dismissing a contractor's negligence claim against a town. The dissent contends the town violated Labor Law § 220 (3-a) (a) by failing to determine worker classifications, which resulted in the contractor incurring damages for underpayment of prevailing wages. It asserts that the statute's legislative intent includes protection for contractors and that denying a negligence cause of action leaves the contractor without an effective remedy for reimbursement. Additionally, the dissent argues against dismissing the unjust enrichment claim. It advocates for the order to be modified, denying the defendant's summary judgment motion and granting, in part, the plaintiff's cross-motion for summary judgment on liability in negligence, remitting the matter for further proceedings on damages and contributory negligence.

NegligenceStatutory DutyLabor LawPrevailing WagePublic WorksUnjust EnrichmentSummary JudgmentContributory NegligenceReimbursementLegislative Intent
References
17
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

Shaffer v. Westchester Crane Service, Inc.

This case involves a rigger who suffered serious injuries after falling approximately 20 feet from an I-beam at a construction site in 1967, when a large stone panel suddenly veered. The trial court instructed the jury that contributory negligence was not a defense to the plaintiff's action, which was based on a violation of Labor Law § 241. The majority reversed this judgment, implying that the instruction regarding contributory negligence was erroneous or that it was a valid defense. In a dissenting opinion, Justice Benjamin argued that Labor Law § 241, as it read in 1967, imposed absolute liability on the defendant, thereby precluding contributory negligence as a defense. The dissent critically examined the legislative history of Section 241, emphasizing that amendments in 1962 and 1969 were intended to strengthen worker protections, not to weaken them by introducing contributory negligence.

Rigger InjuryConstruction AccidentLabor Law § 241Contributory NegligenceAbsolute LiabilityStatutory InterpretationWorker ProtectionAppellate ReviewDissenting OpinionJudicial Precedent
References
3
Case No. MISSING
Regular Panel Decision

Long v. Forest-Fehlhaber

The dissenting opinion, authored by Staley, Jr., J., argues against the majority's conclusion that contributory negligence was not a defense to a violation of Labor Law § 241(6) at the time of the accident. The dissent contends that subdivision 6 imposes a duty of reasonable care, not absolute liability, and therefore, contributory negligence should be a valid defense. It reviews legislative history and prior case law, emphasizing that the pre-1969 statute, identical in terms of liability definition to present subdivision 6, allowed contributory negligence as a defense. The dissent also clarifies a previous gratuitous statement by the court regarding contributory negligence in Frattura v Cozzolino Constr. Corp. The final judgment was modified, reversing the dismissal of the plaintiff's cause of action under Labor Law § 241(6) and the third-party complaint, ordering a new trial on those matters, and affirming the judgment as modified.

Contributory NegligenceLabor LawAbsolute LiabilityDuty of Reasonable CareConstruction SafetyExcavation WorkDemolition WorkSafe Place to WorkStatutory InterpretationAppellate Review
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
Aug 12, 1987

Pesce v. City of New York

Paolo Pesce, an employee of Arthur Tickle Engineer Works, Inc., and his wife sued the City of New York and Arthur Tickle for personal injuries Pesce sustained when he fell from a hi-lo vehicle after it hit a pothole on a City street. A jury initially found the City 10% at fault and Arthur Tickle 90% at fault, with Pesce not contributorily negligent. On appeal, the defendants challenged the finding of proximate cause and argued for Pesce's contributory negligence. The appellate court found the trial court's jury instruction on contributory negligence, particularly regarding a subordinate obeying a dangerous direction from a superior, was erroneous and confusing, as it improperly suggested contributory negligence might not be found as a matter of law. Due to this confusing charge, the order was reversed, and a new trial was ordered on the issue of liability.

Personal InjuryNegligenceContributory NegligenceProximate CauseMunicipal LiabilityHighway DefectPothole AccidentEmployer LiabilityJury Charge ErrorNew Trial
References
13
Case No. MISSING
Regular Panel Decision

Fedrau v. Porcelain Insulator Corp.

The trial court erred in dismissing the plaintiff's negligence complaint, as there were issues of fact that should have been decided by a jury. Consequently, the judgment was reversed on the law and facts, and a new trial was granted. A dissenting opinion argued that no cause of action was established, asserting a lack of proof that the plant owner breached any duty owed to the plaintiff. The dissent further contended that the plaintiff, a skilled worker, exhibited contributory negligence by disregarding warnings about the roof's instability.

NegligenceContributory NegligenceForeseeabilityTrial Court ErrorJury QuestionsNew TrialAppellate ReviewPremises LiabilityWorker SafetyDuty to Warn
References
4
Case No. MISSING
Regular Panel Decision

Gugliemini v. Conigliaro

Plaintiff, a truck driver, sought employment and was directed to Winona Trucking Construction Company and Lane Construction Company. Lane assigned him to work, but he had to get a truck from Winona. After a two-week delay, Winona provided a defective truck. Plaintiff reported the defect to both Winona and the defendant, but neither repaired it, and Winona stated no other trucks were available. Faced with the choice of working with a defective truck or not working, plaintiff continued. The dissenting judge argues that plaintiff should not be charged with contributory negligence as a matter of law, citing precedents where individuals in a dilemma are not automatically negligent. The judge concludes that the question of contributory negligence was for the jury, which returned a verdict for the plaintiff, and this verdict should stand.

Truck driverDefective equipmentContributory negligenceJury verdictEmployment dilemmaDissenting opinionWorkers' rightsEmployer responsibilityWork safety
References
2
Case No. 225 AD2d 261
Regular Panel Decision
Nov 15, 1996

Duffy v. County of Chautauqua

This case stems from a bridge collapse in Chautauqua County in 1986, which resulted in the death of John Duffy and injuries to William Stuart and James Evans. The collapse was primarily attributed to the County's 1981 redecking of the bridge, which significantly reduced its load-bearing capacity and involved brittle metal construction. A jury found the County 25% liable and G & J Construction Corporation and Steven Nichols 75% liable. The court addressed issues of contributory negligence, finding it improperly excluded for Duffy as the truck driver, and discussed the inapplicability of CPLR 1601 exemptions due to motor vehicle involvement and Workers' Compensation Law. The judgment was reversed for a new trial on Duffy's contributory negligence and affirmed for the other appeals.

Bridge CollapseNegligenceContributory NegligenceWorkers' CompensationCPLR Article 16Joint TortfeasorsThird-Party LiabilityJury VerdictDamagesStructural Engineering
References
21
Case No. MISSING
Regular Panel Decision
May 20, 1981

Leahey v. Turner Construction Co.

Plaintiff James Leahey, an employee of Gerald Lollo & Sons, Inc. (a subcontractor for Turner Construction Company and Otis Elevator Company), was injured in 1974 at a construction site in Yonkers, New York. He tripped over a roll of wire from a cyclone fence near a workers' shanty, twisting his knee. Leahey sued Turner and Otis, who then brought a third-party action against Lollo. The trial court denied the defendants' request to instruct the jury on contributory negligence, believing Labor Law § 241 (6) imposed strict liability. The appellate court found this to be an error of law, stating that contributory negligence is a defense to the statute in issue. The judgment awarding Leahey damages was reversed, and the case was remanded for a new trial.

Construction accidentLabor LawContributory negligenceStrict liabilityJury instructionRemandWorkplace safetySubcontractor liabilityGeneral contractor liabilityPremises liability
References
1
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