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VOLB v. G.E. CAPITAL CORP.

139 N.J. 110 (1995)

651 A.2d 1002

LINDA VOLB, ADMINISTRATRIX OF THE ESTATE OF CHARLES VOLB, DECEASED, AND LINDA VOLB, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR MATTHEW VOLB, CHARLES VOLB, AND ERIKA VOLB, MINORS, PLAINTIFFS-APPELLANTS, v. G.E. CAPITAL CORPORATION, J.H. REID CONSTRUCTION COMPANY, J.H. REID INDIVIDUALLY AND T/A J.H. REID CONSTRUCTION COMPANY, ABC COMPANY (A FICTITIOUS CORPORATION) AND JOHN DOES (FICTITIOUS PERSONS), INDIVIDUALLY AND T/A ABC COMPANY (A FICTITIOUS CORPORATION), DEFENDANTS, AND RONALD LEE AND T.D.E. SERVICES, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Eric Ludwig argued the cause for appellants (Stark & Stark, attorneys; Mr. Ludwig, of counsel; Jodi F. Mindnich, on the briefs).

Gary L. Jakob argued the cause for respondents (Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys).

The opinion of the Court was delivered by STEIN, J.

The critical issue in this appeal concerns the immunity from tort liability of a general employer, T.D.E., for the alleged negligence of its employee, Ronald Lee, which occurred while the employee functioned as a special employee of J.H. Reid General Contractors, Inc. (J.H. Reid). The decedent, Charles Volb, was an employee of J.H. Reid at the time of the accident, and his widow, as administratrix, sought and recovered...

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