Alleged joint tortfeasor is unable to assert Laidlow claim against the plaintiff’s employer.

The plaintiff was injured while working as a machine operator with Cambridge Pavers. The plaintiff sued the manufacturer of the machine as well as the distributor. The distributor filed a third-party complaint against the plaintiff’s employer, seeking contribution and indemnification, and asserted that a reasonable jury could conclude that the employer’s conduct was sufficient to bypass the exclusivity provision of the New Jersey Workers’ Compensation Act. In dismissing the third-party claims against the employer, the judge concluded that the ability to assert a claim against an employer for intentional conduct rests solely with the employee and that it may not be asserted by a party outside of the employer-employee relationship.

Case Law Alerts, 3rd Quarter, July 2014