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LEVINE v. HADDON HALL HOTEL

66 N.J. 415 (1975)

332 A.2d 193

NATHAN M. LEVINE, PLAINTIFF-APPELLANT, v. HADDON HALL HOTEL, LEED & LIPPENCOTT CO., AND CHALFONTE HADDON HALL, DEFENDANTS-RESPONDENTS, AND SECOND INJURY FUND, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 5, 1975.

Attorney(s) appearing for the Case

Mr. Robert McAllister argued the cause for plaintiff-appellant (Messrs. Valore, McAllister, Aron & Westmoreland, attorneys).

Mr. James D. Carton, III argued the cause for defendants-respondents (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. Carton on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendant-respondent, Ronald M. Heymann, Commissioner of Labor & Industry as Trustee of the Second Injury Fund (Mr. George F. Kugler, Jr., former Attorney General of New Jersey), filed statement in lieu of brief; Mr. Robert C. Leventhal, Deputy Attorney General, on the statement.

The opinion of the Court was delivered by PASHMAN, J.

This workmen's compensation case calls upon us once again to decide whether an accident occurring prior to an employee's arrival on his employer's premises is within one of the exceptions to the "going and coming" rule. Plaintiff Nathan Levine was a part-time employee in the timekeeping department of respondent Haddon Hall Hotel. Mr. Levine was 69 years of age at the time of the accident giving rise to the claim...

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