Gill v. Maul
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Malone Jr. J.
Appeal from a judgment of the Supreme Court (McDermott, J.), entered November 28, 2007 in Madison County, upon a decision of the court in favor of defendant.
Plaintiff was employed by the Office of Mental Retardation and Developmental Disabilities (hereinafter OMRDD) as a developmental aide. A developmental aide assists developmentally disabled individuals and is required to “control and restrain violent or hyperactive individuals” if necessary. In 1998, plaintiff sustained a work-related injury while attempting a “take-down,” a type of restraint. In September 1999, plaintiff *1160was…
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