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KRISTIANSEN v. MORGAN

153 N.J. 298 (1998)

708 A.2d 1173

CYNTHIA KRISTIANSEN, ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF KYLE KRISTIANSEN, DECEASED AND CYNTHIA KRISTIANSEN, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. ROBERT W. MORGAN, CITY OF PERTH AMBOY, DEPARTMENT OF PUBLIC WORKS IN THE CITY OF PERTH AMBOY, ROAD DEPARTMENT OF THE COUNTY OF MIDDLESEX, AND THE COUNTY OF MIDDLESEX, DEFENDANTS, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT. CYNTHIA KRISTIANSEN (WIFE), ON BEHALF OF KYLE KRISTIANSEN (DECEASED), PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 12, 1998.

Attorney(s) appearing for the Case

Bruce Regenstreich, argued the cause for appellant (Callan, Regenstreich, Koster & Brady, attorneys).

Patricia A. Schiripo, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by COLEMAN, J.

This is a workers' compensation case in which the parties have taken reverse factual and legal positions. The injured worker, through his personal representative, is denying that an accident arose out of and in the course of employment with the New Jersey Department of Transportation (NJDOT) in order to escape the exclusive remedy rule of the New Jersey Workers' Compensation...

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