Legal Opinion
Fleming v. Graham
New York Court of Appeals
Decided March 20, 2008PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The issue in this case is whether plaintiffs facial injuries constituted a “permanent and severe facial disfigurement” for purposes of qualifying as a “grave injury” under Workers’ Compensation Law § 11. Under the facts of this case, we hold that they do not.
Following a collision between a van driven by a Pinstripes Garment Services, LLC employee and a school bus driven by an employee of Evergreen Bus Service, Inc., plaintiff Cedric Fleming (a Pinstripes employee and passenger in the van) sustained multiple facial injuries resulting in scars on his forehead and…
2Cases cited12 opinions
- Cox v. Kingsboro Medical GroupNew York Court of Appeals · 1996
- Tonking v. Port Authority of New York & New JerseyNew York Court of Appeals · 2004
- Rubies v. Aqua Club, Inc.New York Court of Appeals · 2004
- Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
- Superior Mining Co. v. Industrial CommissionIllinois Supreme Court · 1923
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
- People v. McKinnonNew York Court of Appeals · 2010
- Katikireddy v. EspinalAppellate Division of the Supreme Court of the State of New York · 2016
- Fleischman v. Peacock Water Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Matter of Smith v. City of NorwichAppellate Division of the Supreme Court of the State of New York · 2022
29 more not listed; retrieve them via the Exa API.