Legal Opinion
Defigueiredo v. U.S. Metals Refining Co.
New Jersey Superior Court Appellate Division
Decided August 5, 1988PublishedCited by 4 opinions
1Opinion of the Court
MENZA, J.S.C.
This is a motion for summary judgement. The issue is the validity of the dual capacity doctrine in Workers’ Compensation cases.
The defendant is the owner of real estate in which it operates a smelting and refining business. The plaintiffs, employees of the defendant, were injured during the course of their employment as a result of an explosion, which they claim was caused by the defendant’s negligent operation and maintenance of the premises. The plaintiffs contend that because their injuries were the result of the defendant’s violation of its common law duty to keep its…
2Cases cited8 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Lyon v. BarrettSupreme Court of New Jersey · 1982
- Jackson v. NJ Manufacturers Ins. Co.New Jersey Superior Court Appellate Division · 1979
- Doe v. St. Michael's Med. Center, NewarkNew Jersey Superior Court Appellate Division · 1982
- Seltzer v. IsaacsonNew Jersey Superior Court Appellate Division · 1977
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3Cited by4 opinions
- Kaczorowska v. National Envelope Corp.New Jersey Superior Court Appellate Division · 2001
- Seaton-SSK Engineering, Inc. v. ForbesIndiana Court of Appeals · 1994
- DeFigueiredo v. US METALSNew Jersey Superior Court Appellate Division · 1988
- Elizabeth Arden, Inc. v. SaldanaDistrict Court of Appeal of Florida · 2008