Nicolasi v. Sparagna

The opinion of the court was delivered by

Perstqe, J.

The basic question for decision on the facts of this case and the law applicable thereto is whether respondent correctly invoked the common law remedy, or whether' she should have invoked, as urged for appellants, the exclusive remedy furnished her under our Workmen’s Compensation Act. R. 8. 34:15 — 7, et seq.

Eespondent, Grace Nicolasi, plaintiff below, sued Jean Sparagna, Angelo Sparagna (appellants) and Lonis Uleau (who did not appeal), defendants below, in a common law action for alleged actionable negligence. In her suit, respondent…