After Miquel Cocom-Tambriz lost his index finger while working on a construction site, he sued the property owner and tenant who, in turn, filed suit against Miquel's employer, Bay Contracting.
When the Kings County Supreme Court denied Bay Contracting's request to have the case thrown out, that company appealed.
While New York's Workers' Compensation Law won't allow most personal-injury lawsuits to be brought against an employer, an exception exists when an employee has suffered a "grave injury." And because the loss of an index finger met that statutory threshold, the Appellate Division, Second Department, agreed that Bay Contracting wasn't off the hook.
No loss of gravity there.
To view a copy of the Appellate Division's decision, please use this link: Cocom-Tambriz v. Surita Demolition Contr., Inc.