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Rodriguez v. Costco Wholesale Corp

Client: Costco Wholesale Corp.

Court: Superior Court, Middlesex County, Law Div.

Trial Attorney:  Betsy G. Ramos, Esq.

Brief Attorney:  Voris M. Tejada, Jr., Esq.

We were successful in obtaining summary judgment, dismissing a civil lawsuit filed against Costco, who had been sued by its employee for a very serious workplace accident. Said employee filed this civil suit against Costco alleging that it had committed an intentional wrong, which is an exception to the exclusive remedy provision of the Workers’ Compensation Act.

The court ruled that the plaintiff had not met the high threshold needed to surmount the exclusive remedy provision of the Act, was limited to her workers’ compensation remedies as to Costco, and dismissed the lawsuit as to Costco.

cite:  Liberty Mutual Insurance o/b/o Sabert Corp. v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019), certif. denied, 238 N.J. 490 (2019)

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