A New York appellate court upheld the dismissal of a mother’s tort claim for the death of her 14-year-old son who was illegally employed at a farm.
Case: Smith v. Park, No. 529585, 06/25/2020, published.
Facts and procedural history: In July 2015, 14-year-old Alex Smith died in an unwitnessed incident while operating a skid steer owned by the Park Family Farm. His mother filed a workers’ compensation claim.
The Workers’ Compensation Board found the farm had illegally employed Alex. It ordered that increased death benefits be paid to his mother.
Though the farm h...
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