Legal Opinion

Dante v. William T. Gotelli, Inc.

Supreme Court of New Jersey

Decided January 17, 1955PublishedCited by 13 opinions

1Opinion of the Court

The opinion of the court was delivered by

Heher, J.

The basic question here has been resolved in Caputo v. The Best Foods, Inc., 17 N. J. 259.

Where a third-party tort recovery is had by an injured workman entitled to compensation for the ensuing disability under the Workmen’s Compensation Act, R. B. 34:15 — 7 et seq., the employer is assessable in virtue of R. 8. 34:15-40, as amended by L. 1951, c. 169, for his proportionate share of the attorney’s fee, but not in excess of 33 1/3% of the portion of the recovery which inured to him, i. e., his total compensation liability under the act, however…

2Cases cited1 opinion

  1. Caputo v. Best Foods, Inc.Supreme Court of New Jersey · 1955

3Cited by13 opinions

  1. Faythe S. Takahashi and Hideo H. Takahashi v. Loomis Armored Car Service, and Liberty Mutual Insurance CompanyCourt of Appeals for the Ninth Circuit · 1980
  2. Maida Ludvik Sheris v. The Travelers Insurance Company, Maida Ludvik Sheris v. The Travelers Insurance ComapnyCourt of Appeals for the Fourth Circuit · 1974
  3. McMullen v. Maryland Cas. Co.New Jersey Superior Court Appellate Division · 1974
  4. Teller v. Major Sales, Inc.Supreme Court of New Jersey · 1974
  5. McMullen v. Maryland Casualty Co.New Jersey Superior Court Appellate Division · 1973

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