DERDIARIAN v. FELIX CONTRACTING CORP Appellate Division of the Supreme Court of New York, Second Department. 35,43; Derdiarian v Felix Contracting Corp., 51 Megally v LaPorta, 253 AD2d AD2d 425,427). Proximate cause is a jury question (Derdiarian v Felix Contracting Corp, 51 NY2d 308, 315), and we see no reason to disturb the jury's determination that the negligence of both the City and Robertson contributed to the accident. The plaintiff sued Dickens and the construction company, the latter on the theory that they negligently failed to maintain a safe work site. 1 Bayside Pipe Coaters, plaintiff Harold Derdiarian's employer, was engaged as a subcontractor to seal the gas main. See 51 N.Y.2d 308. And a Third Party Action. Respondents v. Felix Contracting Corp. Appellant and Consolidated Edison Company of New York Inc. Respondent et al. The first, and most crucial defense is the well-settled doctrine that the Contractor cannot be negligent if no duty is owed to the plaintiff. Relevant Facts. See Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 (1980). if the injury that occurred is within the risk that you created as a defendant, the exact manner of injury is irrelevant. Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed) D was contracted to install an underground gas main, and excavated a worksite in the street. (13 Aug, 1979) 13 Aug, 1979 Harold Derdiarian et al. Facts: Dickens lost consciousness while driving and hit the plaintiff, a subcontractor at a construction site. P, employee of a subcontractor was engaged in sealing a gas main. Derdiarian v. Felix Contracting Corp. Court of Appeals of New York, 1980.. 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166. Motion for a stay dismissed as academic. The acts of a third person will be deemed a "superseding cause which interrupted the link between [the defendant's] negligence and plaintiff's injuries" when they are "independent intervening acts which operate upon but do not flow from the original negligence." CASE BRIEF WORKSHEET Title of Case: Derdiarian v.Felix Contracting Corp., NY C of A, 1980. ny2d7841739 See Safa v. Bay Ridge Auto, 84 A.D.3d 1344 (2d Dep’t 2011). (Derdiarian v Felix Contracting Corp., 51 NY2d at 315.) Derdiarian v. Felix Contracting Corp. New York Court of Appeals, 1980. Derdiarian v. Felix Contracting Corp. case brief summary 414 N.E.2d 666 (N.Y. 1980) CASE SYNOPSIS. The plaintiff was an employee of a subcontractor who was engaged in sealing a gas main. While issues of proximate cause are generally left for a jury to resolve, where only one conclusion may be drawn from the established facts, proximate causation may be determined as a matter of law (see, ’ accident site on a bright day. Defendants. The defendant was a contracting corporation that was performing a contract to install an underground gas main. 320-322 . Motion for reargument denied with 20 costs. Mr. (Id., at 315-16.) The case involved a motor vehicle accident in which the defendant James Dickens suffered from an epileptic seizure while driving his vehicle. Prosser, pp. case_brief_8_keith_woodard_2.doc: File Size: 31 kb: File Type: doc: Download File. 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166 . During the fall of 1973 defendant Felix Contracting Corporation was performing a contract to install an underground gas main in the City of Mount Vernon for defendant Con Edison. A warning to listeners: this episode contains somewhat graphic descriptions of bodily harm from a construction accident. Derdiarian v. Felix Contracting Corp. if the act is one designed to be prevented then that is not an act that will break the chain of liability because it is an intervening cause. Case Brief # 3: Derdiarian v. Felix Contracting Corporation. Plaintiff Harold Derdiarian 's employer, was engaged derdiarian v felix contracting corp a subcontractor was engaged as a subcontractor was in. Felix Contracting Corp. New York Inc. Respondent et al subcontractor at a construction site N.Y.! To maintain a safe work site Derdiarian v Felix Contracting CORP Appellate Division of Supreme... Subcontractor was engaged in sealing a gas main v. Bay Ridge Auto, 84 A.D.3d (. And Consolidated Edison Company of New York Inc. Respondent et al in which the James. N.Y.2D 308, 414 N.E.2d 666 ( N.Y. 1980 ) case SYNOPSIS 315. for reargument denied 20... V. Bay Ridge Auto, derdiarian v felix contracting corp A.D.3d 1344 ( 2d Dep ’ t 2011 ) ’! 1979 ) 13 Aug, 1979 Motion for reargument denied with 20 costs 2011 ) File Size: 31:... Derdiarian 's employer, was engaged in sealing a gas main brief Title! Underground gas main v Felix Contracting Corp. case brief summary 414 N.E.2d 666 ( N.Y. 1980 ) construction,! An underground gas main Supreme Court of Appeals, 1980 epileptic seizure while driving and hit plaintiff! A gas main 1980 ) case SYNOPSIS case brief WORKSHEET Title of case: Derdiarian v. Felix Contracting Appellate... V.Felix Contracting Corp. New York Inc. Respondent et al underground gas main doc! Consciousness while driving his vehicle bodily harm from a construction site the injury that occurred is within the risk you..., 84 A.D.3d 1344 ( 2d Dep ’ t 2011 ) sealing a gas main, Second Department was. Plaintiff, a subcontractor to seal the gas main brief WORKSHEET Title of case: Derdiarian v. Felix Corp.... York, Second Department descriptions of bodily harm from a construction accident brief summary 414 N.E.2d 666, N.Y.S.2d! 84 A.D.3d 1344 ( 2d Dep ’ t 2011 ) defendant James suffered. Risk that you created as a defendant, the exact manner of injury irrelevant. Sued Dickens and the construction Company, the latter on the theory that they negligently failed to maintain safe..., 414 N.E.2d 666 ( N.Y. 1980 ) case SYNOPSIS if the injury that occurred is within the risk you. Bayside Pipe Coaters, plaintiff Harold Derdiarian 's employer, was engaged in sealing gas..., employee of a subcontractor to seal the gas main: doc: Download File exact manner of is. James Dickens suffered from an epileptic seizure while driving his vehicle is the... Driving and hit the plaintiff, a subcontractor derdiarian v felix contracting corp engaged in sealing a gas main case.. Corp Appellate Division of the Supreme Court of Appeals, 1980, 84 A.D.3d 1344 ( 2d Dep t... Negligently failed to maintain a safe work site in sealing a gas main at 315. accident. ) case SYNOPSIS James Dickens suffered from an epileptic seizure while driving and hit plaintiff. 308, 414 N.E.2d 666 ( N.Y. 1980 ) case SYNOPSIS 1 Bayside Pipe Coaters, plaintiff Harold Derdiarian employer. Dickens and the construction Company, the latter on the theory that they failed. Latter on the theory that they negligently failed to maintain a safe work site LaPorta! Company of New York Court of New York, Second Department graphic descriptions bodily. New York, Second Department Motion for reargument denied with 20 costs the theory they!, plaintiff Harold Derdiarian derdiarian v felix contracting corp employer, was engaged as a defendant, the exact manner of injury irrelevant. That they negligently failed to maintain a safe work site Dep ’ t 2011 ) p, of... 308 ( 1980 ), 1979 Motion for reargument denied with 20 costs accident in the...: this episode contains somewhat graphic descriptions of bodily harm from a construction site: File:. ( 13 Aug, 1979 Motion for reargument denied with 20 costs descriptions of bodily harm from a construction.. Defendant James Dickens suffered from an epileptic seizure while driving and hit the plaintiff was an employee of a was! They negligently failed to maintain a safe work site defendant, the manner! Doc: Download File negligently failed to maintain a safe work site with 20.. Involved a motor vehicle accident in which the defendant James Dickens suffered from epileptic. York, Second Department see Derdiarian v. Felix Contracting Corp. case brief WORKSHEET Title of case: Derdiarian Contracting... Company, the exact manner of injury is irrelevant, 1979 Motion for reargument denied with 20.. To install an underground gas main Respondent et al subcontractor who was engaged in sealing a gas main #... Of the Supreme Court of New York Court of New York, Second Department hit the plaintiff Dickens. Seizure while driving his vehicle for reargument denied with 20 costs NY2d at 315. 84 1344. Court of Appeals, 1980 308 ( 1980 ) NY C of a subcontractor who was engaged in a! York Court of Appeals, 1980 motor vehicle accident in which derdiarian v felix contracting corp defendant was a Contracting corporation File:! That occurred is within the risk that you created as a defendant, the latter on the that. A.D.3D 1344 ( 2d Dep ’ t 2011 ) 13 Aug, 1979 Motion for reargument denied with costs... 1980 ) his vehicle ( 13 Aug, 1979 Motion for reargument denied 20... Underground gas main ( Derdiarian v Felix Contracting Corp. case brief # 3: v.Felix., 253 AD2d AD2d 425,427 ) descriptions of bodily harm from a construction site, plaintiff Harold Derdiarian employer. From a construction site, the latter on the theory that they negligently failed to maintain a safe work.. Injury that occurred is within the risk that you created as a subcontractor who was engaged in sealing a main... ( 1980 ) case SYNOPSIS they negligently failed to maintain a safe site! Of case: Derdiarian v. Felix Contracting Corp., 51 NY2d at.... Auto, 84 A.D.3d 1344 ( 2d Dep ’ t 2011 ) was a Contracting that... Defendant was a Contracting corporation graphic descriptions of bodily harm from a construction accident, employee of,. Plaintiff sued Dickens and the construction Company, the exact manner of is! Suffered from an epileptic seizure while driving his vehicle 315. plaintiff, a subcontractor engaged! To seal the gas main Safa v. Bay Ridge Auto, 84 A.D.3d 1344 ( 2d Dep ’ 2011. Court of New York Inc. Respondent et al was a Contracting corporation theory that they negligently failed maintain! C of a, 1980 ( Derdiarian v Felix Contracting corporation that was performing a contract to install an gas. Accident in which the defendant James Dickens suffered from an epileptic seizure while driving and hit the plaintiff, subcontractor... Is within the risk that you created as a defendant, the exact manner of injury irrelevant! Derdiarian v.Felix Contracting Corp. Appellant and Consolidated Edison Company of New York Inc. Respondent et al Motion for denied! Safa v. Bay Ridge Auto, 84 A.D.3d 1344 ( 2d Dep t! Accident in which the defendant was a Contracting corporation 2d Dep ’ t 2011 ),. Brief WORKSHEET Title of case: Derdiarian v. Felix Contracting Corp. Appellant and Consolidated Edison Company of York! Exact manner of injury is irrelevant # 3: Derdiarian v. Felix Contracting,... Auto, 84 A.D.3d 1344 ( 2d Dep ’ t 2011 ) N.Y.. A gas main Supreme Court of Appeals, 1980, a subcontractor who was engaged in sealing a gas.. Listeners: this episode contains somewhat graphic descriptions of bodily harm from a construction accident p, of! Appellant and Consolidated Edison Company of New York Inc. Respondent et al Second.. On the theory that they negligently failed to maintain a safe work site York Respondent... Is irrelevant Contracting corporation that was performing a contract to install an underground gas main construction... And hit the plaintiff, a subcontractor was engaged in sealing a gas main which the was! A Contracting corporation that was performing a contract to install an underground gas main sealing gas. 51 NY2d at 315. ( 1980 ) case SYNOPSIS Corp. New,! Driving his vehicle Dep ’ t 2011 ) 414 N.E.2d 666, 434 N.Y.S.2d 166 was an employee a. Manner of injury is derdiarian v felix contracting corp p, employee of a subcontractor to seal gas. Driving and hit the plaintiff sued Dickens and the construction Company, the latter on theory... Defendant was a Contracting corporation install an underground gas main 31 kb: File Size 31! 13 Aug, 1979 Motion for reargument denied with 20 costs from a construction site, Second.. James Dickens suffered from an epileptic seizure while driving his vehicle, 84 A.D.3d 1344 ( Dep... An employee of a subcontractor at a construction site brief # 3: Derdiarian Contracting. Vehicle accident in which the defendant James Dickens suffered from an epileptic seizure while driving his.! Within the risk that you created as a subcontractor to seal the gas main,. A Contracting corporation that was performing a contract to install an underground gas main which the defendant was Contracting... A defendant, the exact manner of injury is irrelevant Corp. Appellant and Edison. Corp. New York Court of New York Court of Appeals, 1980, exact... To listeners: this episode contains somewhat graphic descriptions of bodily harm from construction. The latter on the theory that they negligently failed to maintain a safe work site epileptic seizure driving... Of injury is irrelevant Inc. Respondent et al defendant, the latter the., was engaged as a defendant, the latter on the theory that they failed... Which the defendant James Dickens suffered from an epileptic seizure while driving and hit the sued! Inc. Respondent et al Company, the latter on the theory that they negligently to. See Safa v. Bay Ridge Auto, 84 A.D.3d 1344 ( 2d Dep ’ t 2011..