Appellate Court Holds TCNJ Not Liable for Worker’s On-Campus Injury
Sep 16, 2019
Pennsauken, NJ (Law Firm Newswire) September 16, 2019 – A New Jersey appellate court held The College of New Jersey (TCNJ) was not liable for a worker’s injury resulting from a trench collapse while he was installing steam pipes on TCNJ’s property.
TCNJ contracted with A&J Construction (A&J) for a pipe replacement project. A&J employed an experienced pipe layer who excavated a trench to install replacement pipes. The man sustained injuries when the trench collapsed.
The man filed a personal injury suit against TCNJ and their project engineer. The trial judge granted the defendants summary judgment, concluding that the defendants did not owe the man a duty of care. The Appellate Division of the New Jersey Superior Court agreed in a decision handed down on March 4, 2019.
Generally, a landowner owes no duty to an employee of an independent contractor. However, the landowner will be liable if the landowner maintains control over how the work is performed. The man, in this case, argued that the project engineer exercised enough control over the project to justify imposing liability on the defendants. The court disagreed.
A landowner’s general supervisory control of the results of the independent contractor’s work is not enough to justify imposing liability. The man’s co-workers testified that the project engineer left the methods of work to A&J. The project engineer visited the job site to perform periodic inspections of the work and materials. He did not direct how to perform the work or assume a supervisory responsibility.
A landowner has no duty to eliminate hazards that are obvious to an employee and that are incidental to the work the landowner hired the independent contractor to do. The landowner can reasonably assume the worker performing the job or his superiors have the skill to recognize the danger and perform the work safely. The man’s remedy was a workers’ compensation claim against his employer, A&J.
Suffered a work injury while performing construction or excavation work? Talk to a worker’s compensation lawyer at Petrillo and Goldberg at 856.249.9295 or visit https://www.petrilloandgoldberg.com.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
- Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
- Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
- Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
- Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
- Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]