VITALE v. SCHERING-PLOUGH CORP.

A-20 September Term 2016 078294.

174 A.3d 973 (2017)

231 N.J. 234

Philip VITALE, Plaintiff-Respondent, v. SCHERING-PLOUGH CORPORATION, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 11, 2017.


Attorney(s) appearing for the Case

Gavin J. Rooney argued the cause for appellant ( Lowenstein Sandler , attorneys; Douglas S. Eakeley , of counsel, and Gavin J. Rooney and Joseph A. Fischetti , on the briefs).

Craig M. Rothenberg argued the cause for respondent (Rothenberg, Rubenstein, Berliner & Shinrod, attorneys; Craig M. Rothenberg, of counsel and on the briefs, and Elizabeth H. Hamlin , on the briefs).

Jay A. Gebauer argued the cause for amicus curiae Allied Barton Security Services, LLC (Fowler, Hirtzel, McNulty & Spaulding, attorneys; Jay A. Gebauer and Quinn M. McCusker , on the brief).

Nancy Erika Smith argued the cause for amicus curiae New Jersey Association for Justice ( Smith Mullin , attorneys; Nancy Erika Smith, of counsel and on the brief, and Virginia A. Pallotto , on the brief).

Shalom D. Stone submitted a brief on behalf of amicus curiae New Jersey Civil Justice Institute ( Stone Conroy , attorneys).

Richard M. Schall and Bennett D. Zurofsky submitted a brief on behalf of amici curiae National Employment Lawyers Association of New Jersey and New Jersey Industrial Union Council (Schall & Barasch, attorneys for National Employment Lawyers Association of New Jersey and Bennett D. Zurofsky, attorney for National Employment Lawyers Association of New Jersey and New Jersey Industrial Union Council).


In this appeal, the Court considers an employee's agreement at the inception of his employment to prospectively waive third-party claims against his employer's customers, in the event that he were to sustain injuries in a workplace accident at a customer's facility.

Plaintiff Philip Vitale...

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