Barone v. Harra

Should the rule of Hornyak v. The Great Atlantic & Pacific Tea Co., 63 N. J. 99 (1973), which established compensability under the Worker’s Compensation Act for injuries occurring during a lunch break, defeat an employee’s automobile accident negligence action, instituted more than two years before Ilornyak was decided, against a fellow employee? The trial court answered this question affirmatively. The Appellate Division affirmed in an unpublished opinion, and we granted plaintiffs’ petition for certification. 73 N. J. 41 (1976). We reverse.

The salient facts are undisputed. Plaintiff Linda…