EILEEN WUNSCHEL, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF CHRISTIAN WUNSCHEL, DECEASED, AND RAE ANN WUNSCHEL, AN INFANT BY HER GUARDIAN AD LITEM, EILEEN WUNSCHEL, PLAINTIFFS-APPELLANTS,
v.
CITY OF JERSEY CITY, A BODY CORPORATE AND POLITIC, A.A.A. UNIFORMS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND ARNOLD SACHS, DEFENDANTS-RESPONDENTS. CITY OF JERSEY CITY, A BODY CORPORATE AND POLITIC, PLAINTIFF-RESPONDENT,
v.
APPALACHIAN INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, AND ARNOLD SACHS, DEFENDANTS-RESPONDENTS. EILEEN WUNSCHEL, PETITIONER-APPELLANT,
v.
CITY OF JERSEY CITY, RESPONDENT-RESPONDENT. EILEEN WUNSCHEL, PETITIONER-RESPONDENT,
v.
A.A.A. UNIFORMS, RESPONDENT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 6, 1984.
Decided July 3, 1984.
Attorney(s) appearing for the Case
Sheldon Schiffman argued the cause for appellant A.A.A. Uniforms in the workers' compensation action (Michals, Wahl, Silver & Leitner, attorneys).
Alan L. Krumholz argued the cause for appellants Eileen Wunschel, etc., et al., and respondent Eileen Wunschel (Pearlman, Krumholz, Horn & Schechtman, attorneys).
Robert E. Barry, Assistant Corporation Counsel, argued the cause for respondent City of Jersey City (John C. Kennedy, Corporation Counsel, attorney).
Eugene A. Cross argued the cause for respondent Arnold Sachs (Franchino, Lenahan & Cross, attorneys).
Thomas T. Chappell argued the cause for respondent Appalachian Insurance Company (Lamb, Chappell, Hartung, Gallipoli & Coughlin, attorneys; Mary B. Rogers, on the brief).
Paul A. Spina, Jr., argued the cause for respondent A.A.A. Uniforms, Inc., in the wrongful death action (McDermott, McGee & Ruprecht, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
This case concerns the relationship between Compensation Court and Superior Court. It arises due to the courts' conflicting decisions on the same issue of a worker's employment status at the time of his death. Even though the proofs differed in the two courts, we hold that their procedures should be molded to avoid such an inconsistency. We reverse the judgments below.<...
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