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GONZALEZ v. IDEAL TILE IMPORTING CO.

853 A.2d 298 (2004)

371 N.J.Super. 349

Armando GONZALEZ and Mirna Padilla Gonzalez, Plaintiffs-Appellants, v. IDEAL TILE IMPORTING CO., INC., and Komatsu Forklift, U.S.A., Inc., Defendants-Respondents, and Kalmar AC of Columbus, Inc., Kalmar-AC Handling Systems, Inc., Lift Trucks, Inc., and Henson Truck & Forklift Service, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 2004.

Attorney(s) appearing for the Case

Edward F. Colrick, argued the cause for appellants (McGovern, Provost & Colrick, attorneys; Mr. Colrick, of counsel and on the brief).

Wendy L. Mager, Princeton, argued the cause for respondent, Ideal Tile Importing Co., Inc. (Smith, Stratton, Wise, Heher & Brennan, attorneys; Ms. Mager, of counsel and on the brief).

Dennis P. Ziemba, Philadelphia, PA, argued the cause for respondent Komatsu Forklift U.S.A., Inc. (Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, attorneys; William J. Ricci and Mr. Ziemba, of counsel; Messrs. Ricci and Ziemba, and Richard B. Wickersham, Jr., on the brief).

Before Judges COBURN, WELLS and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

Plaintiff and his wife commenced this action, alleging a workplace injury. The trial judge granted both the summary judgment motion of defendant Ideal Tile Importing Co., Inc., finding plaintiff to be Ideal's employee and his claim barred by N.J.S.A. 34:15-8, and the summary judgment motion of defendant Komatsu Forklift, U.S.A., Inc., holding that claim...

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