Linda Volb

Summary

The Supreme Court of New Jersey reversed the summary‑judgment rulings that had granted immunity to T.D.E. Services, Inc. and held that T.D.E. is not entitled to Workers’ Compensation Act immunity from the wrongful‑death suit filed by the administratrix of Charles Volb’s estate. The Court explained that the statutory immunity applies only to an employer of the injured employee or to a special employee, not to a general employer that did not employ the decedent. The opinion remands for the trial court to consider, if appropriate, T.D.E.’s liability under respondeat superior. Justice Pollock dissented, arguing that T.D.E. should also be immune.