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RAMOS v. BROWNING FERRIS IND. OF SO. JERSEY, INC.

194 N.J. Super. 96 (1984)

476 A.2d 304

JOSE RAMOS AND CARMEN RAMOS, PLAINTIFFS-RESPONDENTS, v. BROWNING FERRIS INDUSTRIES OF SOUTH JERSEY, INC., DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, v. LAMINATING CORPORATION OF AMERICA, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1984.

Attorney(s) appearing for the Case

Thaddeus J. Hubert, III argued the cause for appellant (Hoagland, Longo, Oropollo & Moran, attorneys; William E. Russell on the brief).

Seymour Margulies argued the cause for respondents Jose Ramos and Carmen Ramos (Margulies, Margulies & Wind, attorneys; Mr. Margulies and Jack Jay Wind on the brief).

Robert F. Colquhoun argued the cause for respondent Laminating Corp. of America (Colquhoun & Colquhoun, attorneys; Robert F. Colquhoun on the brief).

Before Judges BISCHOFF, PETRELLA and BRODY.

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

Plaintiff was injured in the course of his employment while wheeling a 400-pound drum of solid waste to a large "roll-off" container in his employer's yard. The drum fell against his leg when he tripped over a deep rut in the soil near the container. Recently fallen snow covered the rut.

In plaintiff's personal injury action a jury attributed 25% negligence to him and 75% to defendant Browning Ferris...

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