Brent F. Fung v. Japan Airlines Company, Ltd., and Japan Airlines Management Corp., (And Third-Party Actions.) Brent…

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiffs’ negligence claims against Japan Airlines Management Corp. (JAMC) and Aero Snow Removal, holding that JAMC could not invoke the Workers’ Compensation exclusive remedy defense because it was not Fung’s employer or co‑employee, and that Aero owed no duty of care to Fung. The Court remanded for the lower court to consider JAMC’s fourth‑party contractual indemnification claim against the Port Authority.