WHITAKER v. NORMAN


75 N.Y.2d 779 (1989)

Donald Whitaker et al., Appellants, v. Thomas C. Norman, Jr., as Executor of Thomas C. Norman, Sr., Deceased, et al., Respondents and Third-Party Plaintiffs-Respondents. Torrington Construction Company, Inc., Third-Party Defendant-Respondent. (Action No. 1.) Jean Gravelle, as Executrix of Gilbert J. Gravelle, Sr., Deceased, Appellant, v. Thomas C. Norman, Jr., as Executor of Thomas C. Norman, Sr., Deceased, et al., Respondents and Third-Party Plaintiffs-Respondents. Torrington Construction Company, Inc., Third-Party Defendant-Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided December 21, 1989.


Attorney(s) appearing for the Case

William E. Russell for Donald Whitaker and another, appellants.

Richard B. Meyer for Jean Gravelle, appellant.

James P. Bessette for Thomas C. Norman, Jr., and another, respondents and third-party plaintiffs-respondents.

Barry J. Jones and Peter D. FitzGerald for third-party defendant-respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion.


MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division majority that defendant property owners cannot be held strictly liable for injuries to employees of an independent contractor hired to do the work that resulted in the harm, notwithstanding that the work was blasting, which is "inherently dangerous" (Spano v Perini Corp., 25...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases