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MABEE v. BORDEN, INC.

720 A.2d 438 (1997)

316 N.J. Super. 409

Leora MABEE, Plaintiff v. BORDEN, INC., Figgie International, Figgie International, Inc., Figgie Packing Systems, Inc., George J. Meyer Manufacturing, Co., Inc., Meyer World Packaging Machinery, Inc., Alpha Packing Equipment, Inc., Def Co., Inc., R. Palmieri Electrical Contractors, Inc., of Landisville, NJ, Sawyer Electrical Co., of Wildwood, NJ, Bernal Mechanical Contractors, Inc., of Vineland, NJ, Carlson Associates, Inc., of Massachusetts, Carlson Management, Inc., of Massachusetts, Carlson Processing, Inc., of Massachusetts, Carlson-Mid-Atlantic, Inc., of Pennsylvania, Carlson Holdings Corporation, Sae America Inc. of Bethesda, Maryland and SAE America Mid-Atlantic, Inc. of Horsham, Pennsylvania, John Doe, Mary Doe, ABC Partnerships and XYZ Corporations, Defendants.

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

Decided July 23, 1997.

Attorney(s) appearing for the Case

Paul R. D'Amato, Linwood (Paul R. D'Amato, P.C., attorneys; Donna Lee Vitale, on the Brief). Kenneth D. Mackler, Atlantic City, for plaintiff (Goldenberg, Mackler & Sayegh, attorneys).

Michael Huber, Haddonfield, for defendant Borden Clam Products, Inc. (Freeman, Barton & Huber, attorneys).

Martin G. Picillo, West Orange, for defendants Figgie International, Figgie Packaging Systems, George J. Meyer Manufacturing Co., Meyer World Packaging Machinery, Alpha Packing Equipment (Picillo & Caruso, attorneys).

Donald D. Davidson, New Brunswick, for defendants Carlson Associates, Inc., Carlson Management, Inc., Carlson Process Company, Inc., Carlson Mid-Atlantic, Inc., Carlson Holdings Corp., SAE America, Inc., SAE-American Mid-Atlantic, Inc. (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

PREVITI, J.S.C.

The plaintiff, Leora Mabee, filed this suit against her employer Borden Clam Products, Inc. (Borden) as a result of an injury which she sustained during the course of her employment on October 1, 1991. Plaintiff alleges that this suit is not precluded by virtue of the exclusivity of the New Jersey Worker's Compensation Act, N.J.S.A. 34:15-8, because Borden's conduct fell within the "intentional wrong" provision of the Act. Plaintiff moves for...

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