Donchev v. DeSimone, — N.J. Super. – (App. Div. 2012)
Practice Areas: General Liability
Plaintiff was an employee of homeowner’s contracting company that was retained by homeowner to do repair work on his garage roof. Plaintiff was injured when he fell through roof. Superior Court denied defendant homeowner’s Motions for Summary Judgment on grounds that 1) homeowner did not supervise the work & plaintiff injured doing what he was hired to do or 2) plaintiff was an employee whose claim was barred under Workers Compensation law. Appellate Division reversed on both grounds finding that there was no evidence that defendant supervised the work so as to create liability and second, that workers compensation would bar this suit if plaintiff was found to be an employee.