NJ Supreme Court: Juries, Not Courts, Should Determine Application of 'Borrowed-Employee' Test in Injury Cases
"We agree with the appeals court that the trial court committed error in finding conclusively that MT lacked control over Giamella," a N.J. Supreme Court justice said. "We also concur with the Appellate Division that the trial court erred in concluding as a matter of law that Giamella's activities at the jobsite were not in furtherance of MT's business interests, being outside MT's general contemplation, and not providing MT with any economic benefit."
June 05, 2023 at 05:58 PM
5 minute read
Richard Hughes Justice Complex in Trenton, New Jersey. Photo: Carmen Natale/ALM In a personal injury case involving the multifactor Galvao test, used to evaluate whether a worker who negligently caused a plaintiff's jobsite injury was a "borrowed employee" of the plaintiff's own employer, the New Jersey Supreme Court held that application of the test is presumptively for a jury to decide.
The justices said the court itself should not resolve the borrowed-employee issue unless the evidence on the factors is so one-sided that it warrants judgment in favor of the moving party as a matter of law.
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