Gladwell v. C & S Communications, Inc.
The case involves an appeal regarding a personal injury action. The plaintiff, a cable service installer for C & S Communications, Inc., was injured during an act of 'horseplay' (leaning out of a moving van) while allegedly being driven by his supervisor, Anthony Bruno, after completing work. The central issue was whether the Workers' Compensation Law applied, which would preclude the defendants from asserting defenses like contributory negligence and assumption of risk. The Supreme Court denied the plaintiff's motion to strike these defenses, ruling that the injuries were not compensable under Workers' Compensation Law as they did not arise out of and in the course of employment. The Appellate Division affirmed this decision, finding that the plaintiff was engaged in uncompensable horseplay, an isolated act outside the scope of his employment.