Kerr v. Black Clawson Co.
| Decision Date | 10 July 1997 |
| Citation | 241 A.D.2d 686,663 N.Y.S.2d 1010 |
| Parties | Dean E. KERR et al., Respondents, v. BLACK CLAWSON COMPANY et al., Defendants and Third-Party Plaintiffs-Respondents; Newton Falls Inc., Formerly Known as Stora Newton Falls Inc. et al., Third-Party Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Fischer, Bessette & Muldowney (James P. Bessette, of counsel), Malone, for third-party defendant-appellant.
McMillan, Constabile, Maker, Murphy, Raymond & Riemer (Richard C. Raymond, of counsel), Larchmont, and Braunschweig & Osborne, New York City, for defendants and third-party plaintiffs-respondents.
Sugarman, Wallace, Manhein & Schoenwald (Matthew D. Gumaer, of counsel), Syracuse, for respondents.
Appeal from an order of the Supreme Court (Demarest, J.), entered December 17, 1996 in St. Lawrence County, which denied third-party defendant's motion for summary judgment dismissing the third-party complaint.
In August 1994, while operating a paper machine winder as an employee of third-party defendant, plaintiff Dean E. Kerr sustained various injuries to his right forearm and wrist when his arm became caught in the machine. Kerr and his wife commenced this action against defendant Black Clawson Converting Machinery Corporation, the manufacturer and distributor of the paper machine winder, and defendant Black Clawson Company, the owner of Black Clawson Converting Machinery Corporation, seeking damages for strict products liability by reason of defective design, negligence, breach of express and implied warranties and loss of consortium.
In January 1996, defendants commenced a third-party action against third-party defendant for common-law contribution and/or indemnification based on third-party defendant's alleged negligence in, inter alia, modifying and redesigning the machine. Thereafter, Workers' Compensation Law § 11 was amended by the Omnibus Workers' Compensation Reform Act of 1996 (L 1996, ch 635, eff Sept. 10, 1996) (hereinafter the Omnibus Act) which eliminated, except in cases of "grave injury"--a statutorily defined threshold for catastrophic injuries (see, L 1996, ch 635, § 2)--an employer's liability "for contribution or indemnity to any third person based upon liability for injuries sustained by an employee acting within the scope of his or her employment" (Workers' Compensation Law § 11, as amended by L 1996, ch 635, § 2). Third-party defendant moved for summary judgment...
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