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Tuesday, September 14, 2010

KENNETH VAN DUNK, SR. and DEBORAH VAN DUNK v. RECKSON ASSOCIATES and JAMES CONSTRUCTION COMPANY, INC. A-3548-08T2

KENNETH VAN DUNK, SR. and DEBORAH VAN DUNK v. RECKSON

ASSOCIATES and JAMES CONSTRUCTION COMPANY, INC.

A-3548-08T2

08-30-10

A single act which an employer knew to be dangerous to an

employee can satisfy the "intentional wrong" exception to the

Workers' Compensation bar, precluding summary judgment, for a

contractor where a supervisor sent an employee into a trench

under construction knowing the risks of danger.