East Coast CM Report of Recent Decisions – 2017 Vol. 2

July 25, 2017 / CM Reports

Articles in this report

Where Does It Hurt? A New Defense Expert Comes To The Scene When Determining Whether The Plaintiff Suffered A Serious Injury In Automobile Accident Cases

Just about every experienced civil litigator has at some point in their career handled an automobile accident case. This rite of passage is especially prominent with litigators that practice in New York State. Quite simply, there is no way of avoiding the tidal wave of auto personal injury actions. And if one has handled such a case, to be sure, that attorney was faced with the prospect of drafting a “threshold motion.”

Proximate Cause Test Applied To Determine Additional Insured Status Under New York Law

In The Burlington Insurance Company v. New York City Transit Authority, 2017 NY Slip Op 04384 (June 6, 2017), reversing the Appellate Court’s decision, the Court of Appeals—New York’s highest court —held that an insurance policy endorsement extending coverage to additional insureds for liability for bodily injury “caused, in whole or in part” by the “acts or omissions” of the named insured is limited to injury proximately caused by the named insured, and is not extended to any injury causally linked to the named insured.

Raising Substantial Doubts About Long-Established Precedent, Second Circuit Finds That Even A Single “Sufficiently Severe” Racial Slur May Be Enough To Create A Hostile Work Environment Under Title VII

In Daniel v. T&M Protection Resources, LLC, 15-cv-560 (2d Cir. April 25, 2017), the Second Circuit Court of Appeals reversed summary judgment dismissing a hostile work environment claim under Title VII. The Decision, which may create more litigation for employers, clarified that a single incident can suffice to state a claim for discriminatory hostile work environment in the workplace.

Summary Judgment Not Granted Under Labor Law 240 (1) Where Triable Issues Of Fact Exist

In O’Brien v. Port Authority of New York and New Jersey, 2017 NY Slip Op 02466 (Court of Appeals, March 30, 2017), Thomas O’Brien (“Plaintiff”) was an employee of DCM Erectors (“DCM”), a subcontractor performing work at the construction site of 1 World Trade Center.

Subrogation Claim Revived Despite Insured’s Lack Of Damages

In Andalora v. R.D. Mech. Corp., 448 N.J.Super. 229 (App. Div. 2017), the Superior Court of New Jersey, Appellate Division, revived an insurer’s subrogation claim and held that Mt. Hawley Insurance Company (“Mt. Hawley”) could pursue its indemnification claim against The Hartford LLC (“Hartford”).

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