Van Dunk v. Reckson Associates Realty Corp.

Plaintiff Kenneth Van Dunk and his wife filed this suit in the Law Division after he suffered serious injuries in a trench collapse at a construction site workplace. Following discovery, the trial court granted summary judgment to the employer-defendants Reckson Associates Realty Corporation and James Construction Company, Inc. Based on its assessment of the totality of circumstances, the court concluded that plaintiff did not demonstrate an intentional wrong within the meaning of the Act, notwithstanding that the employer was issued a federal Occupational Safety and Health Administration (OSHA) "willful violation" citation as a result of the incident. The Appellate Division reversed the trial court’s grant of summary judgment to the defendants, and returned the matter to the trial court. The Supreme Court granted the Defendants' petition for certification seeking review of that judgment. Upon review, the Supreme Court concluded that the defendants' conduct fell short of an intentional wrong creating a substantial certainty of bodily injury or death. Therefore the workers' compensation statutory bar against common-law tor actions precluded this suit, and the appellate court's ruling was reversed.