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SERPA v. NEW JERSEY TRANSIT

951 A.2d 208 (2008)

401 N.J. Super. 371

Carlos SERPA, a/k/a Filomon Torres and Maria Elena Crespo, his wife, Plaintiffs, v. NEW JERSEY TRANSIT, New Jersey Transit Rail Operations, New Jersey Transit Corporation, State of New Jersey, Defendants. Quincy Mutual Fire Insurance Company, Plaintiff-Respondent, v. Dan-Za General Contractors, Inc., Defendant-Appellant/Cross-Respondent, and Carlos Serpa, Defendant, and New Jersey Transit Rail Operations, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 2008.

Attorney(s) appearing for the Case

Edward L. Thornton, Edison, and John M. Kearney argued the cause for appellant/cross-respondent (Methfessel & Werbel, and Sellar Richardson, P.C., attorneys; Mr. Kearney, of counsel; Mr. Thornton and Christopher W. Ferraro, on the briefs).

Gary J. Intoccia argued the cause for respondent (McGivney & Kluger P.C., attorneys; Mr. Intoccia, of counsel; Eric M. Gernant II, on the brief).

Jeffrey T. LaRosa, Morristown, argued the cause for respondent/cross-appellant (Schenck, Price, Smith & King, L.L.P., attorneys; Gary F. Werner, of counsel; Mr. LaRosa and Peter A. Marra, on the brief).

Before Judges COBURN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

CHAMBERS, J.A.D.

This lawsuit arises out of a construction accident that took place during renovations of the Newark Broad Street Train Station on property owned by defendant New Jersey Transit. At the time of the accident, plaintiff Carlos Serpa was working within the scope of his employment for third-party defendant Dan-Za General Contractors Inc. ("Dan-Za"), the general contractor for the renovations. Plaintiff...

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