Legal Opinion

In re the Claim of Clum

Appellate Division of the Supreme Court of the State of New York

Decided February 16, 1978PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 1, 1977, which held that claimant lost his employment through his own misconduct. The claimant was a truck driver and it is undisputed that after he parked his truck at a loading dock and left it running in neutral gear, the truck rolled and struck another vehicle. His employer on the following day discharged him from employment as follows: "For this act of negligence you are discharged without recourse.” The employer’s representative testified that the wheels of the truck should have been blocked, but there was no…

2Cases cited8 opinions

  1. Matter of James (Levine)New York Court of Appeals · 1974
  2. Guaspari v. GorskyNew York Court of Appeals · 1972
  3. Guaspari v. GorskyAppellate Division of the Supreme Court of the State of New York · 1971
  4. In re the Claim of PossAppellate Division of the Supreme Court of the State of New York · 1975
  5. In re the Claim of BassAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by1 opinion

  1. In re the Claim of MyersAppellate Division of the Supreme Court of the State of New York · 1978

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