Employer liability under "substantial certainty" test requires more than just evidence of disabled safety guard.

The plaintiff's husband was fatally injured while in the course of his employment and while operating a company-owned manlift. Following the accident, it was discovered that the safety control interlock had been rewired and that this allowed the activation of the lift without first depressing the interlock. The plaintiff asserted that the rewiring allowed an inadvertent activation of the lift. In reversing the trial court's denial of a motion for summary judgment, the Appellate Division concluded that evidence of the rewiring, without more, was insufficient to establish the conduct prong of the "substantial certainty" test and that the claim was, therefore, barred by the exclusivity provision of the New Jersey Workers' Compensation Act.

Case Law Alert - 2nd Qtr 2012