Eileen Wunschel, General Administratrix and Administratrix Ad Prosequendum of the Estate of Christian Wunschel…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for further proceedings. It held that the fellow‑servant defense could not be barred by collateral estoppel, that the Superior Court erred in granting summary judgment on the co‑employment issue, and that the workers’ compensation petition did not satisfy the notice requirement of the Tort Claims Act. The Court also advised that compensation‑court findings should be given evidentiary weight and that co‑employees should be allowed to intervene in compensation actions.