Sunday, November 10, 2013

Derdiarian v. Felix Contracting Corp. case brief

Derdiarian v. Felix Contracting Corp. case brief summary
414 N.E.2d 666 (N.Y. 1980)

Defendant employer sought review of an order of the Appellate Division of the Supreme Court of New York, holding the employer liable in a negligence action for injuries suffered by plaintiff employee, who was struck by a car at his work site.


  • Plaintiff employee was injured on an excavation job when he was struck by a car driven by a man suffering an epileptic seizure. 
  • Plaintiff and plaintiff's wife sued defendant employer, defendant driver, and defendant contractor for negligence, claiming that the employer failed to maintain a safe work site by erecting a traffic barrier. 
  • The trial court found for plaintiff, apportioning defendant employer's liability at 55 percent. 
  • On appeal, defendant employer argued that there was no causal link between the employer's breach of duty and plaintiff's injuries. 

The court affirmed because plaintiff's injuries were a foreseeable result of the risk created by the employer.

The court affirmed the decision holding defendant employer liable for negligence because plaintiff employee's injuries were a foreseeable result of defendant employer's failure to maintain safe work site.

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