Marlene Livingstone, Petitioner-Respondent v. Abraham & Straus, Inc., Respondent-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the employee’s injury in the mall parking lot was compensable because the employer’s directive to use a specific area gave it sufficient control over that area under N.J.S.A. 34:15-36. The Court rejected a narrow property‑law view of control and applied a flexible, case‑by‑case analysis consistent with the 1979 Workers’ Compensation amendments. Justice Clifford dissented, arguing that the employer lacked control and the claim should be dismissed.