Meo v. Commercial Can Corp.

192 A.3d 854, 80 N.J. Super. 58 (1963)

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Meo v. Commercial Can Corp.

New Jersey Superior Court, Appellate Division
192 A.3d 854, 80 N.J. Super. 58 (1963)

Facts

Felix Meo (plaintiff) worked as a plant superintendent for Commercial Can Corporation (defendant). Commercial Can’s plant in Newark, New Jersey, went on strike, and Meo was in charge of hiring new employees to replace the strikers and keeping production going at all costs. Meo was on call 24 hours a day, and he often held planning meetings and hired employees out of his home in Fairview, New Jersey. The picket line was violent, and Meo received numerous violent threats at his home. Meo needed two police escorts when going to and leaving the plant in Newark. Commercial Can’s president called Meo to tell him to get police protection at his home in Fairview as well, and Meo did so. One morning, while going to his car before work, Meo was attacked by three unidentified men. The men made remarks calling Meo a scab before severely beating him with a baseball bat. Meo filed a claim for workers’ compensation. Commercial Can conceded that Meo’s injuries arose out of his employment but argued that Meo’s injuries did not occur in the course of his employment because they were the result of an assault off the employer’s premises and outside working hours.

Rule of Law

Issue

Holding and Reasoning (Goldmann, J.)

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