Articles Posted in Wrongful Death

Res ipsa loquitur is a Latin phrase, which means “the thing speaks for itself.” In order to prevail in a personal injury case, the plaintiff must show that the defendant’s negligent or wrongful actions cause the plaintiff’s injury. Ideally, the plaintiff would have access to direct evidence such as eyewitness testimony, but this is not always the case. In some instances, the only evidence that the plaintiff has is circumstantial evidence. In New York, the doctrine of res ipsa loquitur means that circumstantial evidence may be sufficient to prove liability if the injury was would not normally occur absent negligence. In Morejon v. Rais Construction Company, the plaintiff sought a summary judgement motion based on res ipsa loquitur

Backgound

Fabio Pardo was working for Rais Construction on December 26, 1998, when while delivering materials to a private residence that was  undergoing renovation, a roll of roofing material fell from a roof at a construction site and hit Pardo in the head. Eventually, Pardo died. The plaintiff estate of Fabio Pardo filed a lawsuit against defendant Rais Construction Company alleging that Pardo was fatally injured at a construction job while working for Rais Construction because of Rais Construction’s negligence.

In the case of the death of a 14-year boy , the appellate court considered whether his death was in the course of his employment as determined by the New York Workers’ Compensation Board, or whether it was due to his employer’s criminal activity.

Exclusive remedy rule

In New York, when an employee is injured or killed during the course of their employment, Workers’ Compensation benefits are the victim’s exclusive remedy. That means that the victim and/or the victim’s family do not have the option of pursuing a personal injury claim against the employer.  An exception to the exclusivity rule is where the employer engaged in deliberate acts that caused the victim’s injury.