9 results for 'cat:"Tort" AND cat:"Labor"'.
J. Manzanet-Daniels finds that the lower court improperly denied the construction worker's labor law claim stemming from an accident where he was struck in the head by a falling brick, which broke his hard hat. The worker is not required to show the exact circumstances under which the object fell. Further, it is undisputed there was no netting to prevent object from falling on workers. Reversed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 12, 2024, Case #: 01279, Categories: Construction, tort, labor
J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: tort, Premises Liability, labor
Per curiam, the appellate division finds that the lower court improperly found for the injured worker on the issue of liability in a construction accident suit stemming from a worker's fall off a ladder. The record contains conflicting evidence as to the manner in which the accident happened, including as to whether a ladder was involved in the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00902, Categories: tort, labor
J. Rivera finds that the appellate division improperly found for building owners in workplace injury claims contending the subcontractor's employee slipped on plastic sheeting that had been put down while he painted an escalator because the plastic constituted a "foreign substance" not part of the escalator, and the sheet was not integral to the painter's work since drop cloths could have been used. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: February 20, 2024, Case #: 11, Categories: tort, labor
Per curiam, the appellate division finds that the lower court properly dismissed the mover's personal injury claim against the university stemming from his injury while moving a computer server rack. The mover is not entitled to Labor Law protections because he cannot show that moving the server rack was necessary to demolition work as no construction was ongoing at the time of the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: 06813, Categories: tort, labor
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J. Singas finds that the appellate division properly dismissed workplace injury claims brought after a commercial trailer fell on a heavy-equipment mechanic when he was lifted by a front loader bucket so he could work underneath. Because the mechanic was involved in ordinary vehicle repair, he was not engaged in the kind of protected "elevation-related hazard" of erecting, demolishing, or altering a structure. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: December 19, 2023, Case #: 94, Categories: tort, labor
Per curiam, the appellate division finds that the lower court improperly granted the worker summary judgment on the issue of liability in a construction injury suit. Competing testimony presents a triable issue of fact as to whether the worker's activity at the site qualified as work at the time he was injured. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 5, 2023, Case #: 06215, Categories: tort, labor
J. Whitney partially grants a farming corporation’s motion in limine, particularly as it relates to the corporation’s lack of an OSHA investigation into a former maintenance worker’s loss of a leg while cleaning the inside of a grain bin. Although the corporation failed to initiate an OSHA investigation after the injury, and also instructed the worker’s wife not to contact OSHA, these specific actions cannot be said to have explicitly caused or contributed to the injury since they happened afterward. Related testimony may, therefore, be excluded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 28, 2023, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Premises Liability, labor
J. Barrett finds that a local union damaged a concrete company’s property in the course of a labor strike. Concrete trucks loaded with wet mix concrete and out delivering to customers were ordered to cease work and return to the employer’s location. While the company took action to minimize damage to the trucks, they lost all of the concrete, as it had a limited time before it hardened and was no longer usable. The company argues the union knew the perishable nature of its product and that the company would suffer loss as a result of the work stoppage. The union argues, and the lower court agreed, that the losses were protected under the National Labor Relations Act, as the loss occurred in the course of a labor strike. But the instant court finds they were not protected, because the Union did not take reasonable precautions to protect against the losses it knew the company would incur and knowingly put the company’s product and equipment at risk. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 1, 2023, Case #: 21-1449, Categories: tort, Damages, labor / Unions