Antheunisse v. Tiffany & Company, Inc.

551 A.2d 1006, 229 N.J. Super. 399 (1988)

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Antheunisse v. Tiffany & Company, Inc.

New Jersey Superior Court, Appellate Division
551 A.2d 1006, 229 N.J. Super. 399 (1988)

Facts

Susan Antheunisse (plaintiff) worked for Pat Shea Personnel Agency (Pat Shea). Pat Shea assigned Antheunisse to work at Tiffany & Company, Inc. (Tiffany) (defendant) as temporary help during the holiday season. Antheunisse was informed of her assignment at Tiffany and had the option to reject the assignment without reprisal. Antheunisse accepted. Tiffany screened all applicants before accepting them. Tiffany accepted Antheunisse and assigned her to its packing department, where she packed china and crystal. Tiffany trained Antheunisse, and Tiffany had the power to supervise, discharge, or recall Antheunisse. Antheunisse had to comply with Tiffany’s policies. Pat Shea only processed Antheunisse’s paychecks. Tiffany paid Pat Shea $6.50 per hour for Antheunisse’s work, and Pat Shea paid Antheunisse $5 per hour. At season’s end, Antheunisse would return to Pat Shea for a new assignment. While Antheunisse was working for Tiffany, she injured her knee. Antheunisse filed a claim for workers’-compensation benefits from Pat Shea and a tort claim against Tiffany. Tiffany moved for summary judgment, arguing that Tiffany was a special employer of Antheunisse and, therefore, Antheunisse’s exclusive remedy was workers’ compensation. The trial court granted Tiffany’s motion, and Antheunisse appealed.

Rule of Law

Issue

Holding and Reasoning (Gruccio, J.)

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