Legal Opinion

MIHALIC EX REL. JOHNSON v. K-Mart of Amsterdam

District Court, N.D. New York

Decided March 29, 2005No. 5:03-CV-674PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

This is a wrongful death and survival action brought by Ryan Johnson’s (“Johnson”) personal representative, Brenda Mi-halie (“plaintiff’). Johnson, a Pennsylvanian, was killed on the job at a New York work site while employed by a Pennsylvania company, third-party defendant Warehouse by Design, Inc. (“WBD” or “third-party defendant”).

Defendant KMart of Amsterdam, N.Y. Distribution Center, Inc. (“KMart”) 1 owns and operates a distribution center in Florida, New York and hired defendant H & M Co., Inc. (“H & M” or “third-party…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. Babcock v. JacksonNew York Court of Appeals · 1963

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3Cited by1 opinion

  1. McDonnell v. AMC Entertainment Holdings Inc.District Court, S.D. New York · 2022

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