Legal Opinion

Emmett L. Turner v. City of Buffalo, Niagara Frontier Transportation Authority, Hartford Accident and Indemnity Company, Alleged Lienor-Appellee

Court of Appeals for the Second Circuit

Decided November 23, 1994No. 296, Docket 94-7280Published

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

Appellant Emmett L. Turner was severely injured in the course of employment while working on a boat operated by his employer, Niagara Frontier Transportation Authority (“NFTA”) and owned by the City of Buffalo (the “City”). NFTA’s compensation insurance carrier, Hartford Accident & Indemnity Company (“Hartford”) immediately began paying Turner worker’s compensation benefits even as Turner’s federal claims for negligence and unseaworthiness under general maritime law and the Jones Act, 46 App. U.S.C. § 688, remained pending. Thereafter, Turner settled with NFTA…

2Cases cited10 opinions

  1. Becker v. Huss Co.New York Court of Appeals · 1978
  2. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  3. Claim of Simmons v. St. Lawrence County CDP, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  4. Dacus v. Spin-Nes Realty & Construction Co.New York Court of Appeals · 1968
  5. Ianielli v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1986

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