Derdiarian v. Felix Contracting Corp.
Court of Appeals of New York
414 N.E.2d 666 (N.Y. 1980)
Felix Contracting Corp. (Felix) (defendant) contracted to install a gas main. The worksite Felix excavated for the project was in the street. Harold Derdiarian (plaintiff), a subcontractor, was sealing a gas main using a kettle of 400-degree liquid enamel. James Dickens was driving near the worksite when he had an epileptic seizure, which caused him to lose control of his vehicle and crash into the worksite. Derdiarian was hit, and the kettle of enamel spilled all over him. Derdiarian burst into flames but survived. Derdiarian sued Felix, alleging that Felix negligently failed to ensure a safe worksite. At trial, Derdiarian’s expert in traffic safety testified that Felix should have built a barrier and taken other steps to protect workers from oncoming traffic. The trial court found in favor of Derdiarian. The Supreme Court of New York, Appellate Division affirmed. Felix appealed to the Court of Appeals of New York.
Rule of Law
Holding and Reasoning (Cooke, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.