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Appelate Division Disapproves Dual Capacity Doctrine

Danielle Fry worked as a cook for Palroll Inc., trading as the Lakeside Tavern in Branchville, N.J.  Palroll operated the tavern and also owned the building in which it was located.  The owners of Palroll were the Rohls.

On April 13, an employee of a bottling company delivered fifteen canisters of soda and one CO2 canister to the tavern.  These canisters were placed in a narrow passage near the tavern’s kitchen.

While these canisters were being delivered, Fry was making pasta salad.  She walked from the stove through the narrow passage to get some pasta.  When she went to return the box of pasta some time later, her right kneecap struck the side of one of the canisters, causing her to fall and suffer injury.

Fry attempted to sue both Palroll and the Rohls, both of whom argued that they were immune from suit because they employed Fry.  The Appellate Division noted, “As an employee of Palroll, Fry’s right to recover from her employer for work-related personal injury would ordinarily be limited to claims brought under the Workers’ Compensation Act,  N.J.S.A. 34:15-1 to -142.  See N.J.S.A. 34:15-8.”

Fry argued that she should be permitted to sue both Palroll and the Rohls in their capacity as landlords of the tavern. The Court disagreed, “However, as we held in Kaczorowska v. Nat’l Envelope Corp., 342 N.J. Super. 580, 592 (App.Div. 2001) (citations omitted), a ‘dual capacity’ approach is ‘disfavored, if not outright disapproved’ in New Jersey.”

The Court went on to note that the claim plaintiff was advancing did not focus on a structural defect in the building itself owned by Palroll and the Rohls.

“Here, the alleged negligence related to a transient condition in the workplace, rather than a structural or similar problem with the building.  For that reason, we conclude that Fry’s claims against Palroll and the Rohls are barred by the Act.”

This case is important as it underscores that the so-called “dual capacity” doctrine is not favored in New Jersey law.

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About the Author

About the Author:

John H. Geaney, Esq. is a Shareholder and Co-Chair of Capehart Scatchard's Workers' Compensation Group. Mr. Geaney began an email newsletter entitled “Currents in Workers’ Compensation, ADA and FMLA” in 2001 in order to keep clients and readers informed on leading developments in these three areas of law. Since that time he has written over 500 newsletter updates.

Mr. Geaney is the author of Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers. The Manual is distributed by the New Jersey Institute for Continuing Legal Education (NJICLE). He also authored an ADA and FMLA Manual also distributed by NJICLE. If you are interested in purchasing “Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers,” please contact NJICLE at 732-214-8500 or visit their website at www.njicle.com.

Mr. Geaney represents employers in the defense of workers’ compensation, ADA and FMLA matters. He is a Fellow of the College of Workers’ Compensation Lawyers of the American Bar Association. He is one of two firm representatives to the National Workers’ Compensation Defense Network.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School.

Mr. Geaney was selected to the “New Jersey Super Lawyer” list (2005-2017, 2021 in the area of Workers’ Compensation). Only 5% of attorneys are selected to “Super Lawyers” through a peer nominated process based on independent research and peer evaluation. The Super Lawyers list is issued by Thomson Reuters. For a description of the “Super Lawyers” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html

For the years 2022-2024 Mr. Geaney was selected for inclusion in The Best Lawyers in America® list in the practice area of Workers’ Compensation Law - Employers. The attorneys on this list are selected based upon the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. A complete description of The Best Lawyers in America® methodology can be viewed via their website at https://www.bestlawyers.com/methodology.

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Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Hamilton, New Jersey. The firm represents employers and businesses in a wide variety of areas, including workers’ compensation, civil litigation, labor, environmental, business, estates and governmental affairs.

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