The Chase Sensale Group Logo

Car Courier Injured by Heavy Coins

 Armored Car Courtier Can't Sue Bank for Alleged Injury from Lifting Bag of Coins:

 

 

A New York appellate court ruled that an armored car courier could not hold a bank liable in tort for his alleged injury from lifting a bag of coins.

 

Case: Sepulveda-Vega v. Suffolk Bancorp, No. 2013-07051, 07/23/2014, published.

 

Facts: Wilson Sepulveda-Vega worked as a courier for an armored car service. He allegedly injured himself while lifting a bag of coins he was collecting from the Suffolk Bancorp.

 

Procedural History: Sepulveda-Vega sued the bank, alleging that its employees had created a dangerous and defective condition by overfilling the bag of coins.

 

The bank moved for summary judgment dismissing his claim. Suffolk County Supreme Court Justice Peter Mayer granted its motion.

 

Analysis: The Appellate Division's 2nd Department said that the bank had established its entitlement to judgment as a matter of law by submitting evidence demonstrating that the subject bag of coins was not over an accepted or contractually agreed upon weight at the time of the alleged incident; that Sepulveda-Vega's injury resulted from a risk inherent in his assigned work as a courier for an armored car service; and that Sepulveda-Vega had made the choice to lift the bag using only one hand.

 

The court said that when a worker "confronts the ordinary and obvious hazards of his employment, and has at his disposal the time and other resources (e.g., a coworker) to enable him to proceed safely, he may not hold others responsible if he elects to perform his job so incautiously as to injure himself," and that's what happened here.

 

Disposition: Affirmed.

 

To read the decision, click here.

Back to news >>>