Friday, September 4, 2015
Rolando Fernandes v. DAR Development Corp. (A-37-13
Rolando Fernandes v. DAR Development Corp. (A-37-13; 073001)
In negligence claims by injured workers against third parties, there is no sound reason to depart from settled precedent that an employee’s negligence may be submitted to the jury when evidence has been adduced that the injured employee unreasonably confronted a known risk and had no meaningful choice in the manner in which he completed the task. Here, the evidence produced at trial provided no basis to submit the issue of plaintiff’s negligence to the jury.