The New Jersey Superior Court Appellate Division has affirmed a lower court’s grant of a motion for summary judgment barring a wrongful death and survival claim brought against a business and business owner by the wife of an employee fatally shot during a robbery.
Spector Gadon Rosen Vinci P.C. (SGRV) member John T. Asher, III received a decision from the Appellate Division affirming the entry of summary judgment entered in favor of defendant Woodbury Gulf, LLC and its principal. The underlying case involved a fatal shooting of an employee at a gas station in Woodbury, New Jersey, for which the plaintiff, the wife of the deceased employee, brought a dependency claim under the Workmen’s Compensation Act and then sued the defendants for wrongful death and survival.
The plaintiff filed her complaint in the matter individually, and as representative of her late husband’s estate. She appealed from the Law Division’s order on summary judgment dismissing her complaint with prejudice. The judge found that the plaintiff’s settlement of her claims under the Act barred her from filing the wrongful death and survival action, a decision affirmed by the Appellate Division.
Asher successfully obtained summary judgment on the basis that workmen’s compensation was the exclusive remedy, and the Appellate Division affirmed the lower court’s decision and accepted Asher’s arguments in all respects. The Appellate Division concluded in an opinion issued April 12 that the plaintiff clearly settled all of her claims against the defendants through the worker’s compensation settlement and her wrongful death and survival claims were properly dismissed as a matter of law. Kaur has filed a Petition for Certification to the New Jersey Supreme Court, and that Petition is pending.
Asher is a member in SGRV’s Insurance and Casualty Litigation Practice Group where he handles a wide range of litigation matters involving premises liability, auto liability, real estate litigation, landlord-tenant litigation and commercial litigation. Asher handles litigation matters from inception through trial, as well as any appeals that may arise.
Spector Gadon Rosen Vinci P.C. has represented clients nationally and internationally for 45 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters.
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