Legal Opinion

Guarino v. Mine Safety Appliances Co.

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

Decided January 20, 1969PublishedCited by 5 opinions

1Opinion of the CourtChrist, Acting P. J.

These consolidated actions to recover damages for wrongful death, conscious pain and suffering, and personal injuries arose out of the death of one John Rooney in a sewer tunnel. On October 2, 1957, Rooney, an engineer employed by the Bureau of Sewage Disposal of the Department of Public Works of the City of New York, descended into a sewer in Queens County to ascertain the source of certain water in a bulkhead. He was wearing an oxygen-producing mask which had been manufactured by the defendant, Mine Safety Appliances Company. On his way out of the tunnel he collapsed. He died of…

2Cases cited1 opinion

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921

3Cited by5 opinions

  1. Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
  2. In Re Marine Sulphur Transport Corp.District Court, S.D. New York · 1970
  3. Adair v. the Island ClubDistrict Court of Appeal of Florida · 1969
  4. Hassanein v. Avianca AirlinesDistrict Court, E.D. New York · 1995
  5. Lewyt-Patchogue Co. v. CantorAppellate Division of the Supreme Court of the State of New York · 1981

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