Kenneth Van Dunk, Sr., et al. v. Reckson Associates Realty Corporation, et al. (A-69-10; 066949)

Kenneth Van Dunk, Sr., et al. v. Reckson Associates

Realty Corporation, et al. (A-69-10; 066949)

 In this case in which an employee is suing his employer for injuries sustained on the job, the employer’s conduct fell short of an intentional wrong creating a substantial certainty of bodily injury or death; therefore, the workers’ compensation statutory  bar against common-law tort actions precludes this action.  6-26-12

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.