Mr. The plaintiff sued Dickens and the construction company, the latter on the theory that they negligently failed to maintain a safe work site. See 51 N.Y.2d 308. P, employee of a subcontractor was engaged in sealing a gas main. Derdiarian v. Felix Contracting Corp. if the act is one designed to be prevented then that is not an act that will break the chain of liability because it is an intervening cause. Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed) D was contracted to install an underground gas main, and excavated a worksite in the street. Proximate cause is a jury question (Derdiarian v Felix Contracting Corp, 51 NY2d 308, 315), and we see no reason to disturb the jury's determination that the negligence of both the City and Robertson contributed to the accident. (13 Aug, 1979) 13 Aug, 1979 Case Brief # 3: Derdiarian v. Felix Contracting Corporation. Motion for a stay dismissed as academic. Derdiarian v. Felix Contracting Corp. case brief summary 414 N.E.2d 666 (N.Y. 1980) CASE SYNOPSIS. The defendant was a contracting corporation that was performing a contract to install an underground gas main. Facts: Dickens lost consciousness while driving and hit the plaintiff, a subcontractor at a construction site. 1 Bayside Pipe Coaters, plaintiff Harold Derdiarian's employer, was engaged as a subcontractor to seal the gas main. Defendants. While issues of proximate cause are generally left for a jury to resolve, where only one conclusion may be drawn from the established facts, proximate causation may be determined as a matter of law (see, ’ accident site on a bright day. Relevant Facts. And a Third Party Action. Harold Derdiarian et al. Respondents v. Felix Contracting Corp. Appellant and Consolidated Edison Company of New York Inc. Respondent et al. The case involved a motor vehicle accident in which the defendant James Dickens suffered from an epileptic seizure while driving his vehicle. DERDIARIAN v. FELIX CONTRACTING CORP Appellate Division of the Supreme Court of New York, Second Department. 320-322 . A warning to listeners: this episode contains somewhat graphic descriptions of bodily harm from a construction accident. ny2d7841739 The first, and most crucial defense is the well-settled doctrine that the Contractor cannot be negligent if no duty is owed to the plaintiff. During the fall of 1973 defendant Felix Contracting Corporation was performing a contract to install an underground gas main in the City of Mount Vernon for defendant Con Edison. Derdiarian v. Felix Contracting Corp. New York Court of Appeals, 1980. Motion for reargument denied with 20 costs. (Derdiarian v Felix Contracting Corp., 51 NY2d at 315.) CASE BRIEF WORKSHEET Title of Case: Derdiarian v.Felix Contracting Corp., NY C of A, 1980. The plaintiff was an employee of a subcontractor who was engaged in sealing a gas main. 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166 . if the injury that occurred is within the risk that you created as a defendant, the exact manner of injury is irrelevant. See Safa v. Bay Ridge Auto, 84 A.D.3d 1344 (2d Dep’t 2011). Prosser, pp. (Id., at 315-16.) Derdiarian v. Felix Contracting Corp. Court of Appeals of New York, 1980.. 51 N.Y.2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166. 35,43; Derdiarian v Felix Contracting Corp., 51 Megally v LaPorta, 253 AD2d AD2d 425,427). The acts of a third person will be deemed a "superseding cause which interrupted the link between [the defendant's] negligence and plaintiff's injuries" when they are "independent intervening acts which operate upon but do not flow from the original negligence." See Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 (1980). case_brief_8_keith_woodard_2.doc: File Size: 31 kb: File Type: doc: Download File. 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