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ESTATE OF KOTSOVSKA v. LIEBMAN

DOCKET NO. A-5512-11T4

81 A.3d 715 (2013)

433 N.J. Super. 537

ESTATE OF Myroslava KOTSOVSKA, by Olena KOTSOVSKA, Administrator, Plaintiff-Respondent, v. Saul LIEBMAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 2013.

Attorney(s) appearing for the Case

Robert F. Cox argued the cause for appellant (McCreedy and Cox, attorneys; Mr. Cox, Cranford, on the briefs).

George E. Spaneas of the New Hampshire bar, admitted pro hac vice, argued the cause for respondent (Smith, Stratton, Wise, Heher & Brennan, LLP, and Mr. Spaneas, attorneys; Gerald D. Wixted , Princeton, and Mr. Spaneas, of counsel and on the briefs).

Before Judges GRALL, SIMONELLI and ACCURSO.

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

Defendant Saul Liebman appeals from a $565,806.37 final judgment in this wrongful death action, following a jury verdict in favor of plaintiff Estate of Myroslava Kotsovska (the estate), and from the denial of his motion for a new trial. Liebman contends that decedent was his employee, and thus the Workers' Compensation Act's (the Act) exclusivity bar, N.J.S.A. 34:15-8, prohibits her estate from maintaining...

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