Legal Opinion · Dissent
Whitaker v. Norman
New York Court of Appeals
Decided December 21, 1989Published
1DissentTitone, J.
Since my own analysis of Labor Law §§ 402 and 435 leads me to conclude that the Legislature has imposed a nondelegable duty upon mine, tunnel and quarry owners to ensure that only certified blasters are used in blasting operations, I would hold that the court below erred in dismissing the complaints in these negligence actions. Accordingly, I respectfully dissent.
If a statute or administrative regulation imposes a definite obligation upon one to provide safeguards or precautions for the safety of persons on or near his property, it is the general rule that this duty cannot be delegated to an…
2Cases cited9 opinions
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Semanchuck v. Fifth Avenue & 37th Street Corp.New York Court of Appeals · 1943
- Conte v. Large Scale Development Corp.New York Court of Appeals · 1961
- Kappel v. Fisher Bros.New York Court of Appeals · 1976
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