The Appellate Division, Second Department has upset an arbitration award because the arbitrator failed to reach a conclusion, as directed, about a county’s liability for a bus mishap that caused a woman to fall from her seat.
Allen Hurkin-Torres of JAMS was asked to determine the negligence of Rockland County and the injured passenger, Paula Andrews, as well as damages. But the panel ruled that Hurkin-Torres rendered an invalid decision by determining that Andrews was barred from recovery, regardless of negligence by the county, because she wasn’t wearing a seatbelt.
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