Free Newsletter
Fourth Department — Workers’ Compensation: Tomushunas v. Designcrete of America
Daily Record Staff//January 27, 2014//
Fourth Department — Workers’ Compensation: Tomushunas v. Designcrete of America
Daily Record Staff//January 27, 2014//
Listen to this articleAppellate Division, Fourth Department
Workers’ Compensation
Employer Immunity to Suit
Tomushunas v. Designcrete of America
CA 13-00960
Appealed from Supreme Court, Onondaga County
Background: The plaintiff commenced an action against her former employer and its principal alleging assault, intentional infliction of emotional distress, and prima facie tort. She appealed from the grant of summary judgment in favor of the defendants.
Ruling: The Appellate Division affirmed. The court held that the plaintiff’s claim was barred as a result of the plaintiff’s receipt of workers’ compensation benefits. She had received $40,000 in a settlement of that workers’ compensation claim.
Stephen Ciotoli of O’Hara, O’Connell & Ciotoli for the plaintiff-appellant; Terry J. Kirwan Jr. of Kirwan Law Firm for the defendants-respondents
Related Articles
Case Digests
- Court of Appeals – Criminal possession of a weapon: People v. Burgess
- Second Circuit – Conflict of laws: Maritime Law Matter of the Complaint of Verplanck Fire District
- Fourth Department – Long-arm jurisdiction: McInnis v. A.O. Smith Water Products, et al.
- Fourth Department – Right to counsel: People v. Maull
- Court of Appeals – Vehicle stop: People v. Ehinmiakhena
- Fourth Department – Child neglect: Matter of Akeem M.
- Fourth Department – Request to proceed pro se: People v. Love
- Fourth Department – Zoning: Kotary v. Town of Floyd
- Fourth Department – Aggravated driving while intoxicated: People v. Joyner-Pounds
- Fourth Department – Murder: People v. Jones
- Fourth Department – Child visitation: Hoover v. Ester
Law News
- Lawsuit claims Chili man was cheated out of home equity
- Appeals court affirms custody issue, but reverses $18,000 sanction
- NY appeals court reverses child custody decision, remits case to Family Court
- Donald Chesworth retires after distinguished legal career
- Lawsuit accuses Rochester police of property damage during search
- Five attorneys honored by Monroe County Bar Association
- Split NY appeals court affirms manslaughter conviction
- Fourth Department rules ‘law office failure’ does not excuse late filing
Polls
Loading ...