Legal Opinion
Taylor v. Kinsella
Court of Appeals for the Second Circuit
Decided August 16, 1984No. Cal. No. 1048, Docket 83-9070PublishedCited by 23 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
On May 19, 1982, Samuel Taylor, an employee of the New York Post was injured by a truck driven by a fellow worker. The truck had been leased to the Post by the Hertz Corp. Taylor sued the driver, the Post, and Hertz in the Southern District of New York, alleging negligent operation by the driver, negligent maintenance by the Post, and negligent failure to inspect and test by Hertz.
Taylor’s co-employee and the Post were immune from suit under New York’s Workers’ Compensation Law, see N.Y.Work. Comp.Law §§ 29(6) & 53, and Taylor’s complaint against them was…
2Cases cited16 opinions
- Helvering v. GowranSupreme Court of the United States · 1937
- Morgan v. Greater New York Taxpayers Mutual InsuranceNew York Court of Appeals · 1953
- Fed. Sec. L. Rep. P 93,503 Paul S. Dopp v. Franklin National Bank, and Butler Aviation International, Inc.Court of Appeals for the Second Circuit · 1972
- Greaves v. Public Service Mutual InsuranceNew York Court of Appeals · 1959
- Birnbaum v. Jamestown Mutual InsuranceNew York Court of Appeals · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.Court of Appeals for the Second Circuit · 2010
- Mountain Fuel Supply, a Utah Corporation, and Cna Insurance Company v. Reliance Insurance CompanyCourt of Appeals for the Tenth Circuit · 1991
- New York Marine & General Insurance Company, Plaintiff-Appellee-Cross-Appellee-Cross-Appellant v. Tradeline (l.l.c.), Defendant-Appellee-Cross-Appellant-Cross-Appellee, Deepak Fertilisers and Petrochemicals Corp., Ltd., Defendant-Appellant-Cross-Appellee. Tradeline (l.l.c.), Third-Party-Plaintiff-Appellee-Cross-Appellant v. Mutual Marine Office, Inc., Third-Party-Defendant-Appellee-Cross-Appellee. New York Marine & General Insurance Company, Second-Third-Party-Plaintiff-Appellee v. Frenkel & Co., Inc., Second-Third-Party-Defendant-AppelleeCourt of Appeals for the Second Circuit · 2001
- Broderick Investment Co. v. Strand Nordstrom Stailey Parker, Inc.Colorado Court of Appeals · 1990
- Vinco Inc. v. Royal Insurance Co. of AmericaCourt of Appeals for the Second Circuit · 2002
18 more not listed; retrieve them via the Exa API.