MINGIN v. CONTINENTAL CAN COMPANY


171 N.J. Super. 148 (1979)

408 A.2d 146

PAUL MINGIN AND XUAN MINGIN, HIS WIFE, PLAINTIFFS, v. CONTINENTAL CAN COMPANY, URBANA TOOL & DIE COMPANY, AND JOHN DOE, DEFENDANTS.

Superior Court of New Jersey, Law Division, Cumberland County.

Decided October 26, 1979.


Attorney(s) appearing for the Case

Mr. Darrell Fineman for plaintiffs (Messrs. Shapiro, Eisenstat, Capizola, O'Neill and Gabage, attorneys).

Mr. James A. Mullen for defendant Continental Can Company (Messrs. Montano, Summer, Mullen & Manuel, attorneys).


MILLER, J.S.C.

This is a motion for summary judgment bottomed upon the theory that defendant is immune from suit under the Worker's Compensation Act, N.J.S.A. 34:15-8. The facts are as follows:

Plaintiff, in the scope of his employment at Crest Container Corp., was injured while operating a machine manufactured by the Urbana Tool & Dye Co. He received workers' compensation benefits from Crest's insurance carrier and thereafter brought this action...

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