JOHNS-MANVILLE PRODS. CORP. v. DRONEBARGER


211 N.J. Super. 520 (1986)

511 A.2d 1304

JOHNS-MANVILLE PRODUCTS CORP., PLAINTIFF, v. CLYDE DRONEBARGER AND ERNEST RUSSO, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided April 11, 1986.


Attorney(s) appearing for the Case

Richard H. Thiele for plaintiff (Thiele & Hermes, attorneys).

Robert J. Kelly for defendant Ernest Russo (Tompkins, McGuire & Wachenfeld, attorneys).

Henry M. Spritzer for defendant Clyde Dronebarger (Robert M. Adochio, attorney).


ARNOLD, J.S.C.

The issue presented by these motions is whether an employer who has paid worker's compensation benefits to a covered employee is entitled to a lien under N.J.S.A. 34:15-40 in an action by the employee against an attorney for failing to prosecute a third-party claim. This question has not yet been decided in any reported decision in this State.

In June 1979, Clyde Dronebarger was injured while employed by Johns-Manville when a scooter...

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