A NJ Appellate Court has upheld the summary judgment dismissing the case where a commercial landlord was sued in a civil action for damages injured by a tenant's employee. The Court reasoned that the tenant had exclusive possession of the premises under the lease and the tenant had sole responsibility for the maintenance and repair of the premises.
The employee, a security guard, for a security company, was injured in May 2013, while working at the Bayonne Terminal when he tripped on a grate and then stumbled headfirst into a beam and injured his left knee. The injured worker filed and collected workers' compensation benefits.
In an Unpublished Decision, the Court issued a Per Curiam opinion relying upon prior reported precedent. McBride v Port Authority of New York & New Jersey 295 N.J.Super. 521 (App. Div. 1996) and Geringer v. Hartz Mountain Development Corp., 388 N.J.Super 392 (App. Div. 206).
Ward v. Bayonne Industries Inc., et al, 2019 WL 92409, Not Reported in Atl. Rptr., Decided January 2, 2018.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
