Huertas v. United Parcel Service, Inc.
New York Supreme Court
1Opinion of the Court
*246OPINION OF THE COURT
Joseph J. Maltese, J.
The defendant’s motion for summary judgment dismissing the plaintiffs complaint is granted.
Facts
In this action by Debra Jo Huertas to recover for personal injuries allegedly sustained as a result of a trip and fall over stacked boxes, the defendant United Parcel Service (UPS) asserts that the plaintiffs suit is preempted under federal law. At the time of the accident on October 3, 2008 the plaintiff was employed by TJ Maxx located at 1015 Forest Avenue, Staten Island, New York. The plaintiff testified at a deposition that on the date of the accident…
2Cases cited14 opinions
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Rowe v. New Hampshire Motor Transport Ass'nSupreme Court of the United States · 2008
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3Cited by2 opinions
- Association of Home Appliance Manufacturers v. City of New YorkDistrict Court, S.D. New York · 2014
- Eggleston v. United Parcel Service, IncCourt of Appeals of South Carolina · 2019