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Wednesday, August 31, 2016

PHILIP VITALE VS. SCHERING-PLOUGH CORPORATION A-1156-14T4


PHILIP VITALE VS. SCHERING-PLOUGH CORPORATION
          A-1156-14T4
In the context of a worker for a security guard service, this opinion resolves a novel question of law in New Jersey: Whether a provision in an employment contract limiting a worker's right to sue a third party for negligence is enforceable. The court determines such a provision, eliminating an employee's remedies from a non-employer, and allowing only those remedies provided from his or her employer pursuant to the Workers' Compensation Act, N.J.S.A. 34:15-1 to -142, is against New Jersey public policy and therefore unenforceable.
Because plaintiff could have contributed to the fall by not turning on the light prior to stumbling, the court also remands for a new trial as to comparative negligence only, where plaintiff, in the course of his work duties, was injured after tripping over an object negligently left on a dark staircase