BOBBITT v. SIMS METAL MANAGEMENT, 2:20-cv-07577

Plaintiff Michael Bobbitt, a General Industrial employee, slipped on ice on Sims Metal Management property after arriving in a company truck and walking from a porta-potty toward the building where he was to perform contracted work.
Sims sued General (third-party) for contractual indemnification and breach of contract arising from the underlying negligence claim.
On summary judgment the Court dismissed Sims’s breach claim but denied summary judgment on Sims’s indemnification claim.
General moved for reconsideration, arguing the indemnity applies only to injuries connected to the defined contractual "Work" (capital W) and not to this porta-potty/driveway accident.
The Court denied reconsideration, holding New York law and the contract’s causation language cover injuries "arising out of," "resulting from," or "in connection with" work-related operations, including en route and necessary site activities.
The Court found General failed to show a change in law, new evidence, or clear error and thus did not meet the high standard for reconsideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of contractual indemnity: whether Plaintiff's porta-potty/parking-lot fall is covered	Sims: injury arose "incident to" and "in connection with" General's operations; indemnity applies	General: indemnity limited to injuries from the defined contractual "Work" (specific tasks); porta-potty fall unrelated	Court: indemnity language and NY precedent cover injuries en route/incident to operations; indemnity applies
Motion for reconsideration standard: whether Court erred and should revisit summary judgment on indemnity	Sims: no basis for reconsideration; General merely disagrees	General: Court misconstrued "Work" and ignored contract plain meaning, creating manifest injustice	Court: General failed to show intervening law, new evidence, or clear error; motion denied

Worth Constr. Co., Inc. v. Admiral Ins. Co., 888 N.E.2d 1043 (N.Y. 2008) ("arising out of" means originating from, incident to, or having connection with).
Hunter Roberts Constr. Grp., LLC v. Arch Ins. Co., 75 A.D.3d 404 (N.Y. App. Div. 2010) (focus on general nature of operation rather than precise cause).
Chelsea Assocs. LLC v. Laquila-Pinnacle, 21 A.D.3d 739 (N.Y. App. Div. 2005) (injury en route to a work assignment arises out of the work).
O’Connor v. Serge Elec. Co., 58 N.Y.2d 655 (N.Y. 1982) (employees must be able to reach workplaces; injuries during movement arise out of work).
Longwood Cent. Sch. Dist. v. Am. Empls. Ins. Co., 35 A.D.3d 550 (N.Y. App. Div. 2006) (accident traversing parking lot to inspect a site condition arose out of work).
Turner Constr. Co. v. Pace Plumbing Corp., 298 A.D.2d 146 (N.Y. App. Div. 2002) (use of on-site bathroom was a necessary activity arising in connection with work).
Max’s Seafood Café v. Quinteros, 176 F.3d 669 (3d Cir. 1999) (standards for granting reconsideration).