In Dobransky v. EQT Production, the Superior Court ruled that a person who merely drives a truck to deliver a single raw material to a well site is not a person whose work consists of “the removal, excavation, or drilling of soil, rock, or minerals” within Section 302(a) of the Workers’ Compensation Act.
In Hocutt v. Manda Supply Co., the Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level … Read more
In Carl v. Johnson & Johnson, which involved multi-county baby powder litigation, the Appellate Division ruled that the trial court abused its discretion when it barred the plaintiff’s’ experts’ opinions on causation. The Court held that the experts’ opinions were based on sound methodology applied to data upon which experts in their field may reasonably … Read more
The Superior Court reversed the trial court’s order, which granted summary judgment, ruling that the plaintiff was entitled to equitable tolling of the statute of limitations based on an “affirmative misrepresentation or fraudulent concealment of the cause of death.”