N.J. court reinstates jury verdict for worker with foot amputation
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The New Jersey Supreme Court reinstated a jury verdict for a worker whose foot was surgically amputated after it was crushed during a workplace incident.
The high court on Monday ordered a verdict be reinstated in favor of Philip Pantano, who worked as a mechanic for Container Services of New Jersey.
Mr. Pantano was injured in November 2013 while moving a heavy piece of industrial equipment. Fellow worker Lawrence Giamella used a forklift to try to pry the equipment off of Mr. Pantano, but the forklift slipped and Mr. Pantano’s foot was crushed, leading to surgical amputation.
The Supreme Court ruled a jury, not a judge, should have determined whether Mr. Giamella was a “borrowed employee” of Mr. Pantano’s employer. The justices said the trial judge erred in finding that the company lacked control over Mr. Giamella.
After the injury, Mr. Pantano collected workers compensation benefits and later sued Container Services of New Jersey and Marine Transport Inc.
During litigation, Marine Transport argued it was not Mr. Giamella’s employer and shouldn’t be vicariously liable.
A jury found Mr. Giamella partially negligent, awarding Mr. Pantano $861,000 in damages, but a trial judge vacated the verdict over the “borrowed employee” issue and awarded judgment in favor of Marine Transport.
An appellate court reversed the decision and reinstated the verdict, but Marine Transport appealed, arguing the “borrowed employee” question should be decided by a judge, not a jury.
The high court said the appellate division correctly determined the issue was to be decided by a jury, and the justices ordered the trial court to reinstate the jury verdict for Mr. Pantano.
