November 11, 2013 – Pospis Law, PLLC

November 11, 2013 by mjpospis

Plaintiff Wins Under § 240(1) in “Falling Object” Case; No Requirement That Object Fell While Being Hoisted or Secured

In Matthews v. 400 Fifth Realty LLC, the Appellate Division, First Department reinstated plaintiff’s claims under Labor Law §§ 200 and 240(1).There, plaintiff was injured when a metal grate fell on him while he was working in the elevator shaft of a building owned by defendant 400 Fifth Realty. As to plaintiff’s Labor Law § 240(1) claim, the…

Military Status Discrimination in Employment

Today is Veterans Day, an official holiday to honor American veterans of all wars. One day is hardly enough to honor and recognize the sacrifices (in many cases, the ultimate sacrifice) made by U.S. soldiers. While it is unfathomable that those who have faced the threat of imminent death on the battlefield may return home…

Court Explains $14 Million Award in Auto Accident Wrongful Death Case, Including Damages for “Pre-Impact Terror”

In a recent decision, Grevelding v. State of New York (No. 2013-018-439, Claim No. 109855), the Court of Claims – the court having exclusive jurisdiction over lawsuits against the State of New York – assessed damages arising from the tragic automobile-related death of Jason Rhoades. Mr. Rhoades died when his car “vaulted” off a bridge…