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TOMEO v. THOMAS WHITESELL CONST. CO.

823 A.2d 769 (2003)

176 N.J. 366

Joseph TOMEO, Plaintiff-Appellant, and Susan E. Tomeo, Plaintiff, v. THOMAS WHITESELL CONSTRUCTION COMPANY, INC., a corporation, Defendant-Respondent, and John Doe, (fictitious named defendant), Defendant.

Supreme Court of New Jersey.

Decided May 22, 2003.

Attorney(s) appearing for the Case

Mario A Iavicoli argued the cause for appellant.

Robert M. Kaplan argued the cause for respondent (Margolis Edelstein, attorneys; Ian M. Sirota, on the brief).

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

This appeal involves a common-law tort action filed by an employee against his employer based on an accident that occurred while using a snow blower. The complaint alleges that the employer deactivated a safety lever on a snow blower used to clear snow from the walkways at the employer's premises and that the employer negligently trained plaintiff, Joseph Tomeo, in the use of the snow blower. The issue raised in...

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