You are here: / / “Special Errand” Exception to the “Going and Coming”...

“Special Errand” Exception to the “Going and Coming” Rule Applied—Workers’ Compensation Claim Is Plaintiff’s Sole Remedy

The Second Department determined plaintiff’s sole remedy against her employer (defendant Margaret Layton) was a Workers’ Compensation claim.  Plaintiff was asked by Layton to walk Layton’s dog because Layton was in court on a personal matter and could not walk the dog herself. Plaintiff fell down a staircase in Layton’s home, apparently in the course of walking the dog. The Second Department held that the walking of the dog “fell within the ‘special errand’ exception to the ‘going and coming’ rule of the Workers’ Compensation Law, thus making workers’ compensation the plaintiffs’ sole remedy” … In the usual case, injury incurred going to or coming from work is not within the ambit of the Workers’ Compensation Law . Curley v Layton, 2015 NY Slip Op 04270, 2nd Dept 5-20-15

 

You might also like
Modification of Custody Reversed
Plaintiff Did Not Know the Cause of Her Fall/Therefore, There Was an Insufficient Showing of a Connection Between Alleged Building Code Violations and the Fall
BANK DID NOT DEMONSTRATE COMPLIANCE WITH THE NOTICE PROVISIONS OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL), BANK’S MOTION FOR SUMMARY JUDGMENT IN THIS FORECLOSURE ACTION PROPERLY DENIED (SECOND DEPT).
THE LOST NOTE AFFIDAVIT SUBMITTED BY THE BANK WAS INSUFFICIENT; THEREFORE THE BANK DID NOT DEMONSTRATE STANDING TO BRING THE FORECLOSURE ACTION; DEFENDANTS’ MOTION TO AMEND THE ANSWER TO ASSERT THE LACK OF STANDING DEFENSE SHOULD HAVE BEEN GRANTED (SECOND DEPT).
DEFENDANT PEDIATRIC PRACTICE SUBMITTED EXPERT EVIDENCE PLAINTIFF’S ADOLESCENT SCOLIOSIS COULD NOT HAVE BEEN DIAGNOSED UNTIL A YEAR AFTER PLAINTIFF LEFT DEFENDANT’S CARE; PLAINTIFF’S EXPERT AFFIDAVIT DID NOT ADDRESS THAT ISSUE; DEFENDANT WAS ENTITLED TO SUMMARY JUDGMENT IN THIS MEDICAL MALPRACTICE ACTION (SECOND DEPT).
THE AUTOMATIC ORDERS WHICH PRECLUDE TRANSFER OF MARITAL PROPERTY WHILE DIVORCE PROCEEDINGS ARE PENDING CANNOT BE USED AS THE BASIS FOR CIVIL CONTEMPT AFTER THE JUDGMENT OF DIVORCE (SECOND DEPT).
Trial Court Properly Amended Pleadings Sua Sponte and Properly Allowed Plaintiff to Reopen the Case to Present Additional Evidence of Damages
ATTEMPTED CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE FOURTH DEGREE IS NOT A LESSER-INCLUDED OFFENSE OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE FOURTH DEGREE; SUPERIOR COURT INFORMATION JURISDICTIONALLY DEFECTIVE.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Supreme Court Used the Wrong Standards When It Denied Petitioner’s Request... Sale of Notes Was Champertous—Seller Subcontracted Out Its Litigation...