CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 05, 2013

Mohan v. Atlantic Court, LLC

Edward Mohan sustained injuries at a construction site and later died. His representatives, the plaintiffs, filed an action for personal injuries and wrongful death against the site owner, Atlantic Court, LLC, and the general contractors, Kit Construction, LLC, and Kit Construction Co., Inc. The general contractors then brought a third-party action against Mohan's employer, Eagle One Roofing Contractors, Inc., the subcontractor. The Supreme Court's order granted summary judgment dismissing the wrongful death cause of action and parts of the indemnification claims. On appeal, the order was modified: summary judgment on the wrongful death claim was denied due to factual disputes regarding the causation of Mohan's death, and summary judgment for common-law indemnification against Eagle One was denied due to a factual issue on whether Mohan suffered a grave injury. However, the contractual indemnification claims against Eagle One by Kit Construction Co., Inc. and Atlantic Court, LLC, were affirmed.

Personal InjuryWrongful DeathSummary JudgmentContractual IndemnificationCommon-Law IndemnificationConstruction AccidentSubcontractor LiabilityGeneral ContractorAppellate ReviewCausation (Medical)
References
11
Case No. MISSING
Regular Panel Decision

Raum v. Restaurant Associates, Inc.

This dissenting opinion argues that the plaintiff, a homosexual partner, should have standing to sue for wrongful-death damages under EPTL 5-4.1. The dissent contends that the motion court erred in dismissing the plaintiff's wrongful-death claim by narrowly interpreting 'surviving spouse'. It asserts that denying homosexual partners, who are legally barred from marrying, the right to sue constitutes an invidious distinction violating the Equal Protection Clauses of the State and Federal Constitutions. The opinion references precedents like Braschi v Stahl Assocs. Co. to support a broader, functional interpretation of the statute to promote public welfare, and distinguishes other cases like Matter of Cooper and Matter of Secord v Fischetti. It concludes that excluding homosexual life partners from the class of persons with standing lacks a rational basis, as it is unrelated to the statute's goals, the State's marriage policy, or administrative convenience, and therefore the decision below should be reversed and the wrongful-death claim reinstated.

Wrongful DeathEqual ProtectionHomosexual PartnersSurviving SpouseEPTL 5-4.1Statutory InterpretationConstitutional LawSame-Sex MarriageRational Basis ReviewStanding to Sue
References
14
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Testerman v. Zielinski

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
Case No. MISSING
Regular Panel Decision
Dec 05, 1978

Sanders v. Southfield Heights, Inc.

In an action to recover damages for wrongful death, the plaintiff appealed an order from the Supreme Court, Rockland County. The order granted defendant Southfield Heights, Inc.'s motion for summary judgment, dismissing the complaint against it. The complaint alleged causes of action for negligence and wrongful death. The court found that no reasonable view of the allegations supported a claim of intentional tort. Sections 10 and 11 of the Workers' Compensation Law served as an absolute bar to the action against the respondent. Consequently, the dismissal was deemed proper, and the order was affirmed insofar as appealed from.

Wrongful DeathNegligenceSummary JudgmentWorkers' Compensation LawIntentional TortDismissalAppeal AffirmedAbsolute Bar
References
1
Case No. MISSING
Regular Panel Decision

Moss v. Rista

In this wrongful death action, the plaintiff alleges that the defendant, while intoxicated, negligently caused the death of John Thornton. Both individuals were performing a moving job for Moving Man, Inc. The defendant moved for summary judgment, arguing that workers' compensation benefits provided the exclusive remedy, as both were supposedly under the 'same employ.' However, the court found that material issues of fact exist regarding Thornton's employment status (employee versus independent contractor) with Moving Man, Inc. Consequently, the defendant's motion for summary judgment was denied. The court also noted that Workers' Compensation Board determinations regarding Thornton were not binding on the plaintiff due to lack of proper notice to the estate.

wrongful deathworkers' compensationsummary judgmentindependent contractoremployer-employee relationshipintoxicationnegligenceexclusive remedymaterial issues of factappellate review
References
3
Case No. MISSING
Regular Panel Decision

Hirsch v. Mastroianni

In a wrongful death action, the plaintiff, Hirsch's widow, appealed an order from the Supreme Court, Suffolk County, that granted the defendant's motion for summary judgment. The lower court dismissed the complaint, ruling the action was barred by Workers’ Compensation Law § 29 (subd 6), and denied the plaintiff's cross-motion to dismiss this affirmative defense. The factual background involved co-employees Hirsch and Di Stefano, where Di Stefano shot Hirsch to death and then committed suicide. The appellate court reversed the order, finding that Di Stefano was not acting within the scope of his employment, thus making the Workers’ Compensation Law's exclusive remedy provision inapplicable. Citing Maines v Cronomer Val. Fire Dept., the court clarified that the law does not bar tort actions against co-employees for acts outside the scope of employment or for intentional torts, and an insane person is liable for their torts.

Wrongful DeathWorkers' Compensation LawCo-employee LiabilityScope of EmploymentIntentional TortNegligenceSummary JudgmentAppellate ReviewExclusive RemedyCPLR 3211
References
4
Case No. MISSING
Regular Panel Decision
Sep 11, 2009

George v. IBC Sales Corp.

The defendant IBC Sales Corporation appealed an order denying its cross-motion for summary judgment in a wrongful death action. The decedent, an employee of Interstate Brands Corporation (Brands), was killed at a bakery thrift store owned by IBC Sales, a subsidiary of Brands. The plaintiff, the decedent’s wife, filed a workers' compensation claim, which found a work-related death, and then sued IBC Sales. IBC Sales argued that workers’ compensation was the exclusive remedy, claiming it was an alter ego of Brands or the decedent's special employer. The Supreme Court denied IBC Sales’s cross-motion, finding questions of fact regarding the alter ego status and special employment relationship. The appellate court affirmed, agreeing that IBC Sales failed to establish its prima facie entitlement to judgment as a matter of law.

Wrongful DeathSummary JudgmentWorkers' Compensation LawAlter EgoSpecial EmployeeParent SubsidiaryCorporate VeilAppellate ReviewNew York StateNassau County
References
10
Case No. MISSING
Regular Panel Decision

In re the Estate of Green

This proceeding involves an uncontested application for leave to settle and compromise a wrongful death action stemming from a fire on December 4, 1980, which resulted in the death of the decedent, survived by a spouse and three children. The proposed structured settlement totals $5,650,000, comprising a cash payment and annuities purchased through Metropolitan Life Insurance Company, designed to provide guaranteed periodic payments of $37,674,000. The court addresses several issues, including the propriety of attorney's fees, the allocation of annuity costs among beneficiaries based on the Kaiser formula, and potential modifications to equalize shares among the children. The court found the proposed allocation unacceptable as it granted the widow significantly more than her Kaiser share and penalized the children, and also identified drawbacks in the guardian ad litem's suggestion due to its impact on the youngest child from inflation and a substantial reduction in their Kaiser entitlement. The decision concludes by proposing modifications to the guardian's plan, including increasing annual support and adjusting shares between the middle and youngest child, and ultimately remands the matter for reconsideration due to the changes affecting the parties and the widow's annuity.

Wrongful Death SettlementStructured SettlementAnnuity AllocationPecuniary LossDependency PeriodBeneficiary SharesKaiser FormulaGuardian Ad LitemAttorney's FeesEstate Distribution
References
4
Case No. MISSING
Regular Panel Decision

Silvas v. Bridgeview Investors, LLC

This case involves an appeal by plaintiffs in a wrongful death action. The decedent fell to his death from an unguarded sixth-floor balcony at a condominium construction site. Plaintiffs alleged violations of Labor Law § 240(1) and § 241(6) against the building owners and general contractor. The Supreme Court initially granted summary judgment to the defendants, dismissing the claims, and upon reargument, adhered to dismissing the Labor Law § 240(1) claim and fully dismissed the § 241(6) claim. The appellate court reversed the Supreme Court's order, finding that the defendants failed to provide admissible evidence that the decedent's actions were the sole proximate cause of the accident, or that the Industrial Code provision was inapplicable. Consequently, the defendants' motions for summary judgment on both Labor Law claims were denied, effectively reinstating the plaintiffs' claims.

Wrongful DeathLabor LawConstruction SiteSummary JudgmentAppellate ReviewProximate CauseFall AccidentBalcony SafetyIndustrial CodeBuilding Owners
References
13
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Showing 1-10 of 1,456 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational