Legal Opinion · Dissent

Boyle v. Breme

Supreme Court of New Jersey

Decided July 14, 1983Published

1DissentHandler, J.

By affirming the judgment in this case on the reasoning of the opinion below, this Court endorses a very literal and strict interpretation of the coemployee immunity provision of the workers’ compensation statute, N.J.S.A. 34:15-8,1 and thereby denies an employee the right to maintain a cause of action for *571medical malpractice against a physician who happens to be employed by the same employer and whose professional activities and responsibilities are wholly unrelated to those of the injured employee. Because I do not believe that the coemployee immunity statute should be understood to bar…

2Cases cited21 opinions

  1. Pierce v. Ortho Pharmaceutical Corp.Supreme Court of New Jersey · 1980
  2. Gagne v. BertranCalifornia Supreme Court · 1954
  3. Newmark v. Gimbel's IncorporatedSupreme Court of New Jersey · 1969
  4. Lyon v. BarrettSupreme Court of New Jersey · 1982
  5. McCormick v. Caterpillar Tractor Co.Illinois Supreme Court · 1981

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