Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Prashaw v. Titan Mining Corp.

Third-Party Suit Arising From Mine Accident Is Dismissed for Lack of Jurisdiction

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASES Titan Mining Corporation and Empire State Mines LLC, Third-Party Plaintiffs, v. Dumas Contracting USA Inc. and CSA Group, Third-Party Defendants MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Casey G. Prashaw and Lindsey R. Prashaw initiated this action in the Supreme Court of the State of New York, County of St. Lawrence, on March 6, 2020. See Dkt. No. 2. Plaintiffs’ claims arise from the alleged failure of a mine elevator braking system. See id. at 34. On July 20, 2020, this action was removed to federal court. See Dkt. No. 1. On August 13, 2021, Defendants Titan Mining Corporation and Empire State Mines filed a third-party complaint against Third-Party Defendants Dumas Contracting USA and CSA Group. See Dkt. No. 64. Third-Party Plaintiffs Titan and Empire allege claims for common law contribution and common law indemnification against both Third-Party Defendants, and a contractual indemnification claim against Third-Party Defendant Dumas. See id. at

9-34. Presently before the Court are Third-Party Defendants’ motions to dismiss. See Dkt. Nos. 74, 95. For the following reasons, Third-Party Defendants’ motions to dismiss are granted. II. BACKGROUND On or about July 27, 2018, Plaintiff Casey Prashaw descended into the Empire State Mine. See Dkt. No. 2 at 34. The elevator braking system unexpectedly engaged, causing the elevator to abruptly stop and injure Plaintiff. Id. The United States Department of Labor, Mine Safety and Health Administration investigated the incident and determined that the Digital Brake Regulator (“DBR”) Panel was not properly installed. Id. at 36. The brake system was designed and manufactured by Defendant G.L. Tiley. Dkt. No. 64 at 5. The mine was owned by Defendant and Third-Party Plaintiff Titan and operated by Titan’s subsidiary, Defendant and Third-Party Plaintiff Empire State Mines. Id. at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements