In Cambizaca v. New York City Transit Authority , a man was killed while working on a New York City Transit Authority (NYCTA) subway platform, when a portion of an angle grinder broke off and hit his head.
After the man's estate sued NYCTA to recover damages for wrongful death, negligence and Labor Law violations, the Kings County Supreme Court granted the agency's request to dismiss the case.
Because the man was employed by a subcontractor, the Appellate Division, Second Department, agreed NYCTA wasn't responsible for his death. The transit authority's ability to "generally supervise" and to stop the work if a safety violation wasn't enough "supervision and control" to trigger liability.
Should the estate have tried a different angle?
To download a copy of the Appellate Division's decision, please use this link: Cambizaca v. New York City Transit Authority