O'Connor v. Midiria

CourtNew York Court of Appeals
Writing for the CourtPER CURIAM; COOKE
Citation55 N.Y.2d 538,450 N.Y.S.2d 455,435 N.E.2d 1070
Decision Date11 May 1982
Parties, 435 N.E.2d 1070 Michaeline O'CONNOR et al., Appellants, v. Anthony MIDIRIA et al., Respondents.

Page 455

450 N.Y.S.2d 455
55 N.Y.2d 538, 435 N.E.2d 1070
Michaeline O'CONNOR et al., Appellants,
v.
Anthony MIDIRIA et al., Respondents.
Court of Appeals of New York.
May 11, 1982.

Robert A. DiNieri, Clyde, for appellants.

Sam C. Bonney, Geneva, for Anthony Midiria, respondent.

James R. Sullivan, New York City, for Michael Kane and another, respondents.

Page 456

OPINION OF THE COURT

PER CURIAM.

The Workers' Compensation Board having properly acquired jurisdiction with respect to an employee's injuries, the board's determination that those injuries were accidental and occurred within the course of her employment is binding between the parties under the exclusive remedy and finality provisions of the Workers' Compensation Law and, even though the employee did not herself apply for or accept benefits, is, until set aside, a bar to an action by the employee against her employer for damages based on intentional tort. Accordingly, the order of the Appellate Division, 85 A.D.2d 896, 446 N.Y.S.2d 739, granting summary judgment to defendants should be affirmed, with costs.

This action arises out of an alleged intentional assault on plaintiff Michaeline O'Connor by her coemployee, defendant Midiria, while in the course of their employment at the Seneca Falls Pizza Hut. Plaintiffs allege that late in the evening of September 17, 1978, Midiria locked Mrs. O'Connor in a walk-in cooler located in the parking lot of the restaurant and then turned out the lights, leaving the parking lot in darkness. Mrs. O'Connor freed herself from the cooler, but in attempting to return to the restaurant, she stumbled and fell over the sidewalk curbing, fracturing her ankle and injuring her hip. A report of the injury was submitted to the compensation board by Mrs. O'Connor's treating physician and by her employer as well.

Mrs. O'Connor and her husband seek to recover compensatory and derivative damages from Midiria and, predicated upon their prior knowledge of Midiria's propensity for malicious conduct, from Pizza Hut and Michael Kane, the manager of the restaurant, as well. The latter each moved for summary judgment, contending that the action is barred by the Workers' Compensation Board's subsequent determination of compensability and that, in any event, plaintiffs failed to state a claim against them in intentional tort. Plaintiffs answered that they neither applied for nor accepted benefits from the compensation board but, instead, elected to pursue their...

To continue reading

Request your trial
41 practice notes
  • Orzechowski v. Warner-Lambert Co., WARNER-LAMBERT
    • United States
    • New York Supreme Court Appellate Division
    • March 7, 1983
    ...is, until set aside, a bar to an action by the employee against her employer for damages based on intentional tort" (O'Connor v. Midiria, 55 N.Y.2d 538, 539, 450 N.Y.S.2d 455, 435 N.E.2d 1070, affg 85 A.D.2d 896, 446 N.Y.S.2d In our view, O'Connor v. Midiria (supra ) is controlling in the c......
  • Aprile-Sci v. St. Raymond of Penyafort R.C. Church
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2017
    ...a compensation claim on the employee's behalf and the employee did not herself apply for or accept benefits (see O'Connor v. Midiria, 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070 ). "Whether the employee or the employer first brings the injury to the attention of the board, a findi......
  • Liss v. Trans Auto Systems, Inc.
    • United States
    • New York Court of Appeals
    • July 3, 1986
    ...Law § 25[3][b] ) will be precluded from relitigating issues necessarily decided by the administrative Judge (O'Connor v. Midiria, 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070; Werner v. State of New York, supra; see, Restatement [Second] of Judgments § 27). As workers' compensation......
  • Bello v. City of N.Y., 2018–00418
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2019
    ...policy, thereby precluding a personal injury action against them (see Workers' Compensation Law §§ 11, 29[6] ; O'Connor v. Midiria , 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070 ; Owens v. Jea Bus Co., Inc. , 161 A.D.3d at 1190, 77 N.Y.S.3d 141 ; Aprile–Sci v. St. Raymond of Penyaf......
  • Request a trial to view additional results
41 cases
  • Orzechowski v. Warner-Lambert Co., WARNER-LAMBERT
    • United States
    • New York Supreme Court Appellate Division
    • March 7, 1983
    ...is, until set aside, a bar to an action by the employee against her employer for damages based on intentional tort" (O'Connor v. Midiria, 55 N.Y.2d 538, 539, 450 N.Y.S.2d 455, 435 N.E.2d 1070, affg 85 A.D.2d 896, 446 N.Y.S.2d In our view, O'Connor v. Midiria (supra ) is controlling in the c......
  • Aprile-Sci v. St. Raymond of Penyafort R.C. Church
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2017
    ...a compensation claim on the employee's behalf and the employee did not herself apply for or accept benefits (see O'Connor v. Midiria, 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070 ). "Whether the employee or the employer first brings the injury to the attention of the board, a findi......
  • Liss v. Trans Auto Systems, Inc.
    • United States
    • New York Court of Appeals
    • July 3, 1986
    ...Law § 25[3][b] ) will be precluded from relitigating issues necessarily decided by the administrative Judge (O'Connor v. Midiria, 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070; Werner v. State of New York, supra; see, Restatement [Second] of Judgments § 27). As workers' compensation......
  • Bello v. City of N.Y., 2018–00418
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2019
    ...policy, thereby precluding a personal injury action against them (see Workers' Compensation Law §§ 11, 29[6] ; O'Connor v. Midiria , 55 N.Y.2d 538, 541, 450 N.Y.S.2d 455, 435 N.E.2d 1070 ; Owens v. Jea Bus Co., Inc. , 161 A.D.3d at 1190, 77 N.Y.S.3d 141 ; Aprile–Sci v. St. Raymond of Penyaf......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT