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CASSANO v. ASCHOFF

226 N.J. Super. 110 (1988)

543 A.2d 973

JAMES CASSANO, PLAINTIFF-APPELLANT, v. WALTER ASCHOFF, DEFENDANT, AND LOIS DECARLO IMPROPERLY PLEADED AS LOUIS DECARLO, ROBERT DECARLO AND MANOR BEVERAGES, INC. T/A MANOR BEVERAGES, DEFENDANTS-RESPONDENTS. LOIS DECARLO AND ROBERT DECARLO, THIRD PARTY PLAINTIFFS-RESPONDENTS, v. CHARLES GERMAINE, THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Michael J. Breslin Jr. argued the cause for appellant (Breslin & Higgins, attorneys; Michael J. Breslin Jr. and Mark P. Marotta on the brief).

Meryl J. Topchik argued the cause for respondent Manor Beverages, Inc. (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys).

William C. Bochet argued the cause for respondent DeCarlo (Muscarella, Hirschklau, Bochet, Feitlin, Trawinski & Edwards, P.C., attorneys).

Before Judges PRESSLER, BILDER and GIBSON.

The opinion of the Court was delivered by GIBSON, J.S.C. (temporarily assigned).

By this appeal plaintiff seeks to impose liability on landowners for injuries he sustained while an employee of an independent contractor. Among other things, plaintiff seeks to impose that liability based on the landowners' hiring of an independent contractor who was financially insecure. The trial court dismissed the claim at the end of plaintiff's case pursuant to R. 4:37-2...

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