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BARILLA v. LEE & PALMER, INC.

237 N.J. Super. 614 (1990)

568 A.2d 913

DIEGO BARILLA, PLAINTIFF, v. LEE & PALMER, INC., DEFENDANT-APPELLANT. SEA-LAND SERVICE, INC., PLAINTIFF-IN-INTERVENTION-RESPONDENT v. LEE & PALMER, INC., DEFENDANT-APPELLANT AND DIEGO BARILLA, PLAINTIFF.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1990.

Attorney(s) appearing for the Case

Robert J. Kovacs argued the cause for appellant Lee & Palmer, Inc. (Ronca, McDonald & Hanley, attorneys; Joseph F. Trinity, on the brief).

Keith L. Flicker argued the cause for plaintiff-in-intervention Sea-Land Service, Inc. (Coti & Flicker, attorneys; Keith L. Flicker, Richard L. Garelick and Susan M. Dorgan, on the brief).

Plaintiff Diego Barilla did not participate in the appeal.

Before Judges ANTELL, BILDER and ASHBEY.

The opinion of the court was delivered by BILDER, J.A.D.

On this appeal we are asked to decide whether an injured worker, covered by the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C.A. 901 et seq., and a third-party tortfeasor insured by a bankrupt liability carrier whose responsibilities have been assumed in part by the New Jersey Property-Liability Insurance Guaranty Association (Guaranty Association), may settle their dispute free...

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