16 Cited authorities

  1. Brill v. Guardian Life Ins. Co. of America

    142 N.J. 520 (N.J. 1995)   Cited 4,530 times   5 Legal Analyses
    Holding that "the inquiry involved in a ruling on a motion for summary judgment or for a directed verdict necessarily implicates the substantive evidentiary standard of proof that would apply at the trial on the merits" (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) )
  2. Millison v. E.I. du Pont de Nemours & Co.

    101 N.J. 161 (N.J. 1985)   Cited 231 times   5 Legal Analyses
    Holding pursuit of compensation benefits does not preclude common-law suit and "insurance carrier will be able to offset compensation benefits previously paid to the extent that the civil damage award would serve as a double recovery"
  3. Laidlow v. Hariton

    170 N.J. 602 (N.J. 2002)   Cited 130 times   4 Legal Analyses
    Holding that a company only utilizing a mandated safety device during OSHA inspections and having experienced reported close-calls of injuries similar to the plaintiff's pushed the injury beyond the norms of industrial life
  4. Yun Tung Chow v. Reckitt & Colman, Inc.

    2011 N.Y. Slip Op. 3888 (N.Y. 2011)   Cited 75 times   1 Legal Analyses
    Finding that a prima facie design defect case requires a showing “that the defendant ‘breached its duty to market safe products when it marketed a product designed so that the it was not reasonably safe and that the defective design was a substantial factor in causing plaintiff's injury.’ ” Id. (quoting Voss, 59 N.Y.2d at 106–107, 463 N.Y.S.2d 398, 450 N.E.2d 204)
  5. Van Dunk v. Reckson Assocs. Realty Corp.

    210 N.J. 449 (N.J. 2012)   Cited 63 times   3 Legal Analyses
    Holding that summary judgment against the employee was appropriate because the "employer did not commit an intentional wrong causing employee's injuries"
  6. Crippen v. Central Jersey Concrete Pipe

    176 N.J. 397 (N.J. 2003)   Cited 54 times
    Holding that "genuine issue of material fact as to whether companies' conduct fell within the intentional wrong exception to the exclusive remedy provision of the Workers' Compensation Act precluded summary judgment" of deceased employee's wrongful death suit against employer
  7. Mull v. Zeta Consumer Products

    176 N.J. 385 (N.J. 2003)   Cited 53 times
    Holding that "genuine issue of material fact as to whether employer's conduct. . . fell within the intentional wrong exception to the exclusive remedy provision of the [WCA], precluded summary judgment" of employee's claims against his employer
  8. Tomeo v. Thomas Whitesell Const

    176 N.J. 366 (N.J. 2003)   Cited 42 times
    Holding that summary judgment on employee's intentional harm claim against employer was precluded because employer's conduct "did not constitute an intentional wrong under the exception to the exclusive remedy provision of the Workers' Compensation Act"
  9. Mabee v. Borden, Inc.

    316 N.J. Super. 218 (App. Div. 1998)   Cited 27 times
    Holding that whether alteration or removal of a safety device is an "intentional wrong" will be dependent on the facts of each case
  10. Broderick v. Cauldwell-Wingate Co.

    301 N.Y. 182 (N.Y. 1950)   Cited 109 times
    In Broderick v. Cauldwell-Wingate Co., 301 N.Y. 182, 93 N.E.2d 629 (1950), the New York Court of Appeals held that while a general contractor who has the power of general supervision may not be held liable for the negligent actions of subcontractors, this common law rule will yield "when the general contractor, by his act or conduct, assumes control and gives specific instructions which necessarily involve the safety of the subcontractors' men."
  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  12. Section 1910.212 - General requirements for all machines

    29 C.F.R. § 1910.212   Cited 88 times   16 Legal Analyses
    Providing that “machine guarding shall be provided to protect the operator and other employees in the machine area from hazards”
  13. Section 1910.147 - The control of hazardous energy (lockout/tagout)

    29 C.F.R. § 1910.147   Cited 64 times   20 Legal Analyses
    Providing that, with some exceptions, machine-specific procedures must be created
  14. Appendix C to Subpart I of Part 1910 - Personal Fall Protection Systems Non-Mandatory Guidelines

    29 C.F.R. § 1910 app C to Subpart I of Part 1910   2 Legal Analyses

    The following information generally applies to all personal fall protection systems and is intended to assist employers and employees comply with the requirements of § 1910.140 for personal fall protection systems. (a) Planning considerations. It is important for employers to plan prior to using personal fall protection systems. Probably the most overlooked component of planning is locating suitable anchorage points. Such planning should ideally be done before the structure or building is constructed