Legal Opinion
Braadt v. City of New York
District Court, S.D. New York
Decided November 23, 1966No. 62 Civ. 2975PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MacMAHON, District Judge.
Plaintiff, a sanitation worker injured on a garbage scow, sues his employer, the City of New York, for personal injuries under the Jones Act, for unseaworthiness, and for maintenance and cure. Defendant moves for summary judgment.
Plaintiff’s suit is blocked by two principles: waiver and res judicata.
He deliberately availed himself of the machinery of the New York Workmen’s Compensation Board, voluntarily accepted awards from the Board for three years, and then claimed that the Board lacked jurisdiction, because he now felt he could sue in federal court as a…
2Cases cited9 opinions
- Reed v. the YakaSupreme Court of the United States · 1963
- Bernard Harney v. William M. Moore Building Corporation and Lopier Construction CorporationCourt of Appeals for the Second Circuit · 1966
- Hoffman v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
- Orvner D. Biggs v. Norfolk Dredging Company, Samuel J. Clowers v. Tidewater-Raymond-KiewitCourt of Appeals for the Fourth Circuit · 1966
- Heagney v. Brooklyn Eastern Dist. TerminalCourt of Appeals for the Second Circuit · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Garrisey v. Westshore Marina AssociatesCourt of Appeals of Washington · 1970
- In Re Holoholo LitigationDistrict Court, D. Hawaii · 1983
- Trens v. University of HawaiiDistrict Court, D. Hawaii · 1983