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CAHALAN v. ROHAN

Nos. 04-3530, 04-3533.

423 F.3d 815 (2005)

Thomas CAHALAN, Plaintiff-Appellant, v. Donald Michael ROHAN, Defendant-Appellee, Daniel Joseph VonRuden, United Parcel Service, Defendants. Thomas Cahalan, Plaintiff-Appellee, v. Donald Michael Rohan, Defendant-Appellant, Daniel Joseph VonRuden, United Parcel Service, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2005.

Attorney(s) appearing for the Case

David G. Johnson, argued, Minneapolis, MN, for appellant.

William L. Davidson, argued, Minneapolis, MN (Sara J. Lathrop on the brief), for appellee.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.

HEANEY, Circuit Judge.

Thomas Cahalan, the injured passenger in a motor vehicle accident, appeals the district court's1 dismissal of his claim, arguing that the court erred in finding the suit barred by the New Jersey Workers' Compensation Act (NJWCA). Donald Michael Rohan, the driver of the vehicle, cross-appeals, claiming that the court abused its discretion by not dismissing Cahalan's claim with prejudice. We affirm.

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