MC FADDEN v. TURNER


159 N.J. Super. 360 (1978)

388 A.2d 244

ANN MC FADDEN AND WILLIAM MC FADDEN, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. DOROTHY M. TURNER, D. KENNEDY AND JANE DOE, FIRST AND LAST NAME BEING FICTICIOUS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1978.


Attorney(s) appearing for the Case

Mr. Keith W. Martin argued the cause for appellants (Mr. Richard A. Amdur, attorney; Mr. Joseph K. Cooney on the brief).

Mr. Willard Geller argued the cause for respondents (Messrs. Picone and Geller, attorneys).

Before Judges MICHELS, PRESSLER and BILDER.


The opinion of the court was delivered by PRESSLER, J.A.D.

The primary question raised by this appeal is whether a plaintiff is barred from commencing a personal injury action against an alleged tortfeasor after having obtained partial recovery for the injury from the tortfeasor's employer in a prior action against the employer alone based exclusively on the employer's vicarious liability for the employee's causative act of negligence.

The question arises...

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