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GALVAO v. G.R. ROBERT CONST. CO.

846 A.2d 1215 (2004)

179 N.J. 462

Sergio GALVAO and Anna Galvao, Plaintiffs-Appellants, v. G.R. ROBERT CONSTRUCTION COMPANY, Defendant-Respondent and XYZ Company, 1-100 (a fictitious name), Conrail, and/or John Doe (a fictitious name), Defendants.

Supreme Court of New Jersey.

Decided April 29, 2004.

Attorney(s) appearing for the Case

Robert G. Hicks, Springfield, argued the cause for appellants (Javerbaum Wurgaft Hicks & Zarin, attorneys).

Thomas A. Wester, Millburn, argued the cause for respondent (McDermott & McGee, attorneys).

Justice LaVECCHIA delivered the opinion of the Court.

In this appeal, we are asked to determine whether a general employer may be held vicariously liable under the doctrine of respondeat superior for injuries caused by the alleged negligence of a borrowed, or "special" employee, engaged in the business of a special employer. Nearly a decade ago in a case similar to this one, Volb v. G.E. Capital Corp., 139 N.J. 110,

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