Toussaint v. NY Dialysis Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding liability may be found when a general contractor controls the manner and means of the work the subcontractor was contracted for; or where an incompetent subcontractor is knowingly hired
• noting that the exception allowing a court to impose a duty based on a general contractor’s retention of control over the manner and means of doing the work was not implicated
• noting that the exception allowing a court to impose a duty based on a general contractor’s retention of control over the manner and means of doing the work was not implicated
• holding general contractor was not liable to electrical subcontractor's employee for injury caused by use of subcontractor's power tool without proper safety gloves, and general contractor exerted no control over the use of the tool
• explaining A-1174-23 11 \general contractor[s] enjoy[] broad immunity from liability for injuries to an employee of a subcontractor\ subject to certain exceptions
• affirming grant of summary judgment for defendant despite opinion of plaintiffs “OSHA expert” that the general contractor had a duty to a subcontractor's employee

Source: CourtListener parenthetical corpus (CC0).