Eger v. E.I. Du Pont DeNemours Co.

110 N.J. 133, 539 A.2d 1213 (1988)

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Eger v. E.I. Du Pont DeNemours Co.

New Jersey Supreme Court
110 N.J. 133, 539 A.2d 1213 (1988)

Facts

Clifford Eger (plaintiff) was a New Jersey resident employed by Allstates Design and Development Co., Inc. (Allstates), a New Jersey entity. E. I. du Pont DeNemours Co. (Du Pont) (defendant) engaged Allstates as a subcontractor to perform work in connection with Du Pont’s operations at a nuclear plant located in South Carolina. In the course of his employment with Allstates, Eger would occasionally travel to the South Carolina facility to perform work. Eger claimed that he developed leukemia as a result of being exposed to radioactive materials during his trips to the South Carolina nuclear facility. Eger filed a workers’ compensation claim against Allstates in New Jersey. Thereafter, he filed a tort claim against Du Pont in New Jersey state court. The trial court granted Du Pont’s motion for summary judgment, holding that Du Pont qualified as Eger’s statutory employer under South Carolina’s workers’ compensation system and was therefore not subject to tort liability. The appellate division affirmed. The supreme court granted Eger’s petition for certification.

Rule of Law

Issue

Holding and Reasoning (Handler, J.)

Dissent (Stein, J.)

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