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Birch v. White Way Laundry

Court Dismisses Negligence Action Against Defendants Who Did Not Control Hanger Rack

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ADDITIONAL CASES White Way Laundry, Inc. et al., Third-Party Plaintiffs, v. H.O. Penn Machinery Company, Inc., Third-Party Defendant; 1:19-cv-1560 MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff Harry Birch commenced this negligence action against defendants White Way Laundry, Inc. and White Way Uniform Services (collectively, hereinafter “White Way”) in the New York State Supreme Court in Ulster County. (Compl., Dkt. No. 2.) White Way subsequently removed the action to this District on the basis of diversity jurisdiction, (Dkt. No. 1), and, shortly thereafter, commenced a third-party action against third-party defendant H.O. Penn Machinery Company, Inc. for indemnification and defense costs, (Dkt. No. 23). Now pending are White Way’s motion for summary judgment against Birch and Penn’s motion for summary judgment against White Way. (Dkt. Nos. 30, 31.) For the reasons that follow, White Way’s motion is granted, and Penn’s motion is denied as moot. II. Background A. Facts1 1. White Way’s Motion for Summary Judgment Against Birch2 Birch had been working as a mechanic for Penn in its Bloomingburg office for fourteen years prior to the incident that gave rise to this litigation. (White Way’s Statement of Material Facts (SMF)

11, 15, 22, Dkt. No. 31, Attach. 1; Dkt. No. 34, Attach. 1 2.) Penn had a locker room where Birch changed into his work uniform each morning and left his used uniform before leaving each day. (Dkt. No. 34, Attach. 1

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