NJ Appellate Division: Charitable Immunity Unavailable When a Plaintiff is on Premises as an Employee of a Third Party

The New Jersey Appellate Division affirmed a trial court’s ruling that a community college employee who was injured in a slip-and-fall at a nonprofit rehabilitation facility where she taught classes to nurses was not a beneficiary of the clinic’s charity and could not rely on the Charitable Immunity Act for a defense.   In Kostera v. Bacharach Institute for Rehabilitation, Dkt. No. A-1991-13T4 (N.J. App. Div. Aug 6, 2015), the Appellate Division also affirmed the $4 million jury award. Read the rest of this entry »


“Joint Employment” Argument Utilized to Secure Dismissal of Personal Injury Lawsuit Pursuant to New Jersey’s Workers’ Compensation Act

In a recent case in Hudson County, New Jersey, Pisciotti Malsch successfully argued that a plaintiff’s civil lawsuit against its client was barred pursuant to New Jersey’s Workers’ Compensation Act.

The plaintiff was employed as a maintenance worker for a nonprofit organization (the Charity) that supports and provides assistance to developmentally disabled adults.  The Charity leased a building on the property owned by Pisciotti Malsch’s client (the Church).  While repairing a wheelchair ramp leading to the Charity’s offices, the plaintiff fell and suffered severe injuries (back injuries and torn rotator cuff requiring multiple surgeries).  Plaintiff sued the Church, arguing that the Church owned the ramp at issue and had a duty to properly maintain the ramp. Read the rest of this entry »