28 THE QUEENS COURIER • OCTOBER 31, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
JOIN US TUESDAY, NOVEMBER 12TH
7:00PM — 9:00PM
SCHWARTZ BROTHERS–JEFFER MEMORIAL CHAPELS
and FOREST PARK FUNERAL HOME
114-03 Queens Boulevard (76th Road) Forest Hills, NY 11375
RSVP by November 8th to Jennifer Martin 718-263-7600 @ Ext. 103
Facilitated by Lorraine (Fitzgerald) Grossi, LCSW-R
This educational seminar has been designed with the
knowledge gleaned from 20 years of facilitating bereavement
support groups helping the bereaved navigate their grief.
Some of you may be feeling lost, overwhelmed, exhausted,
perplexed by your indecisiveness and grief intensity. From
this seminar, you may gain insight to your very personal grief
journey and have the option to share your normal unique
grief with others during this seminar.
We hope you consider the opportunity of joining this and one
of our future ongoing bereavement support groups.
Honoring Your Grief,
Heal Your Heart Lorraine (Fitzgerald) Grossi, LCSW-R
Free to attend — Light Refreshments will be Served!
Hosted by Jennifer Martin, Community Relations
Call Now & End Your Tax Nightmare!
Co-Author of the
best selling book
“Breaking the Tax Code”
Salvatore P. Candela, EA, ATA, ABA
Enrolled Agent - Tax Advisor
ABANDONING AN EMPLOYER
Q: To pour a concrete floor, I would much rather use a power buggy than a wheelbarrow. For horse
play, I guess my friend likes buggies, too. He was not designated to operate my buggy. He was just a watchman
on a construction site next to ours. My friend was not supposed to be at my site messing with my machine. All
the same, he jumped on the buggy, lost control and fell off the buggy, which then struck me in the back.
A: Under section 241(6) of New York’s Labor Law, “All areas in which construction, excavation or
demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated
and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or
lawfully frequenting such places.” Section 241(6) was deemed necessary by reason of the exceptional dangers
inherent in connection with constructing or demolishing buildings, or doing excavating in connection
Rule 23-9.9(a) of New York’s Industrial Code states that no person other than a trained and
competent operator designated by the employer shall operate a buggy. The courts interpret and apply the
Industrial Code to effectuate its purpose of protecting construction laborers against hazards in the workplace
– and Rule 23-9.9(a) is deemed sufficiently specific to support a claim under section 241(6).
Under the doctrine of respondeat superior, an employer is vicariously liable for torts committed
by an employee acting within the scope of his or her employment. Pursuant to this doctrine, the employer may
be liable whether the employee acts negligently or intentionally, so long as the tortious conduct is generally
foreseeable and a ‘natural incident’ of the employment. If, however, an employee for purposes of his or her
own departs from the line of his or her duty to the extent that his or her acts constitute an ‘abandonment’ of
being an employee, the employer is not liable.
Most likely, the defendants will argue that they cannot be held liable under a theory of respondeat
superior, because your friend was acting outside the scope of his employment. However, although it may seem
that your friend was horsing around, perhaps in part he was moving the buggy because it was in the middle of
a road that his employer used. Or perhaps such conduct is generally foreseeable. After gathering the evidence,
your attorney will hope to argue strongly that your friend’s conduct certainly did not amount to an
‘abandonment’ of his employer.