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McDANIEL v. MAN WAI LEE

17 A.3d 816 (2011)

419 N.J. Super. 482

Jeffrey McDANIEL and Sandra McDaniel, his wife, Plaintiffs-Appellants/Cross-Respondents, v. MAN WAI LEE and PP Trucking, Inc., Defendants/Third-Party Plaintiffs-Respondents/Cross-Appellants, v. Fernandino Devers and Gelco Corp., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Joel I. Rachmiel , Springfield, argued the cause for appellants/cross-respondents.

Michael J. Monaghan argued the cause for respondents/cross-appellants.

Before Judges AXELRAD and LIHOTZ and J.N. HARRIS.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

In this multi-vehicle auto negligence action, we examine whether N.J.S.A. 34:15-8, the fellow-servant provision of the Workers' Compensation Act (also referred to as the Act), N.J.S.A. 34:15-1 to -128, which prohibits co-workers involved in a work-related accident from suing each other, also bars a third-party action by a tortfeasor against plaintiff's co-worker. Defendant Man Wai Lee's...

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