Estate of Myroslava Kotsovska v. Saul Liebman (073861)

This case arises from the tragic death of Myroslava Kotsovska (decedent), who was fatally injured when defendant Saul Liebman, for whom decedent worked as a caretaker, inadvertently struck her with his car. Petitioner Olena Kotsovska, as administratrix of decedent’s estate, filed a wrongful death action against Liebman.

Liebman did not dispute that decedent’s injuries were the result of Liebman’s negligence. Instead, Liebman argued that, because decedent was his employee, petitioner could recover only under the Workers’ Compensation Act (Compensation Act), N.J.S.A. 34:15-1 to -142. If, as…