June 27, 2014 – Pospis Law, PLLC

June 27, 2014 by mjpospis

Plaintiff Whose Fingers Were Severed While “Servicing” a Concrete Pump Survives Summary Judgment on Labor Law § 241(6) Claim

In Shields v. First Ave. Bldrs. LLC, the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment on plaintiff’s’ Labor Law § 241(6) claim. In this construction accident case: Plaintiff James Shields was cleaning a concrete pump, with the engine running, when a swing tube in the pump swivelled, severing his fingers.…

Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return

In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…