Legal Opinion

Whitfield v. Bonanno Real Estate Group, Tryon Management Corp.

New Jersey Superior Court Appellate Division

Decided May 12, 2011PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

MESSANO, J.A.D.

This appeal involves a question of first impression in New Jersey. Specifically, may plaintiff pursue a third-party action in negligence against a general partnership after receiving workers’ compensation benefits from her employer, a partner in that partnership? We conclude that the immunity provided by N.J.S.A. 84:15-8 does not bar plaintiffs third-party action against the partnership. We therefore affirm.

I

The following undisputed facts are apparent from the motion record. Plaintiff was employed by Time Warner Entertainment Co., L.P.…

2Cases cited34 opinions

  1. Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
  2. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  3. Millison v. E.I. Du Pont De Nemours & Co.Supreme Court of New Jersey · 1985
  4. O'CONNOR v. Abraham AltusSupreme Court of New Jersey · 1975
  5. Liberty Surplus Insurance v. AmorosoSupreme Court of New Jersey · 2007

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3Cited by8 opinions

  1. Murray v. Plainfield Rescue SquadSupreme Court of New Jersey · 2012
  2. Estate of Myroslava Kotsovska v. Saul Liebman (073861)Supreme Court of New Jersey · 2015
  3. Vitale v. Schering-Plough Corp.Supreme Court of New Jersey · 2017
  4. Whitfield v. BONANNO REAL ESTATENew Jersey Superior Court Appellate Division · 2011
  5. ASTIN CIVITANO VS. JASON FONTAINE (L-0238-18 AND L-4437-16, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021

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