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Just Another Accident Case

The Car Accident and the Pet Rabbit

by | Feb 23, 2022 | Firm News |

The case of Jones v. Adams  (Appellate Division 2nd Dep’t, decided February 9, 2022) demonstrates how  the Courts look at facts. A security guard  at  the New York Botanical Garden was injured when he was driving pick up food  for the “pet rabbit.”   The guard was injured when his vehicle was struck by a vehicle driven by another employee of the NYBG.    The defendant moved due to dismiss based upon the rule that in the State of New York an employee cannot sue a co-employee while in the scope of the employment.  It is known as Worker Compensation Law section 29.

The judge agreed and dismissed the case and the appellate Court agreed.  The legal question appears to be whether buying pet food for a rabbit is within the scope of employment.  The Court felt it buying the pet food was within the scope of a security guard’s job at the Botanical Gardens.  The reasoning is that since he received workers compensation benefits, he was within the scope of his employment.   The question of what  constitutes  “scope of employment” is  the legal issue. Maybe it is was fish food outcome would be different.

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