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HALL v. FANTICONE

730 A.2d 919 (1999)

Wilmer HALL, Plaintiff-Appellant, v. Rocco FANTICONE, D & P Leasing, Inc., and Redi-Space, Defendants-Respondents, and Chemical Transport, Inc., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1999.

Attorney(s) appearing for the Case

Gerald F. Della Sala, for plaintiff-appellant (Leonard & Leonard, attorneys; Mr. Della Sala, on the brief).

Sandra Belli, Warren, for defendants-respondents Rocco Fanticone and D & P Leasing (Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, attorneys; Ms. Belli, on the brief).

Mark A. Clemente, Roseland, for defendant-respondent Redi-Space (Clemente & Gesicki, attorneys; Mr. Clemente, on the brief).

No other parties participated in this appeal.

Before Judges MUIR, Jr., EICHEN, and COBURN.

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

The primary issue raised by this appeal is whether plaintiff's tort action against defendant D & P Leasing, Inc. (D & P) is precluded on the ground that his exclusive remedy against D & P was under the Workers' Compensation Act. See N.J.S.A. 34:15-8. We conclude plaintiff was jointly employed by D & P and Chemical Transport, Inc. (CTI) and, therefore, the tort action against D & P...

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