Legal Opinion
Whitaker v. Norman
New York Court of Appeals
Decided December 21, 1989PublishedCited by 37 opinions
1Opinion of the Court
*782OPINION OF THE COURT
Memorandum.
The orders of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division majority that defendant property owners cannot be held strictly liable for injuries to employees of an independent contractor hired to do the work that resulted in the harm, notwithstanding that the work was blasting, which is "inherently dangerous” (Spano v Perini Corp., 25 NY2d 11). The employer of an independent contractor is not, as a general rule, responsible for the contractor’s torts, but may be liable if the work performed is inherently dangerous…
2Cases cited6 opinions
- Wright v. Tudor City Twelfth Unit, Inc.New York Court of Appeals · 1938
- Spano v. Perini Corp.New York Court of Appeals · 1969
- Whitaker v. NormanAppellate Division of the Supreme Court of the State of New York · 1989
- Carpenter v. Watkins Salt Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Korycka v. S. A. Healy Co.Appellate Division of the Supreme Court of the State of New York · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kleeman v. RheingoldNew York Court of Appeals · 1993
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Chainani v. Board of EducationNew York Court of Appeals · 1995
- Fleck v. ANG Coal Gasification Co.North Dakota Supreme Court · 1994
- Pasquale v. Ohio Power Co.West Virginia Supreme Court · 1992
32 more not listed; retrieve them via the Exa API.