Successfully obtained dismissal of a serious injury/serious disability case on early Summary Judgment Motion in New Jersey State Court, in a case involving an issue of legal “first impression” in the state. An employee of our client fell off a building under construction and received workers’ compensation benefits for the injuries. The worker sued the general contractor for negligence and OSHA violations, but did not bring an employer liability claim against our client/subcontractor employer. The general contractor brought a third-party complaint alleging indirect employer liability, arguing workers’ compensation immunity did not bar indirect claims for “intentional” claims (OSHA violations, etc.). Summary Judgment was affirmed on appeal.
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