Justia New Jersey Supreme Court Opinion Summaries

Plaintiff Roland Davis had been a resident of the Devereux New Jersey Center (operated by Defendant Devereux Foundation) since shortly before his twelfth birthday. Plaintiff was diagnosed with autism, mental retardation, pervasive developmental disorder and attention deficit hyperactivity disorder, and had a history of combative and aggressive behavior. Plaintiff's mother (as his guardian) filed a complaint alleging breach of a "non-delegable duty" to protect Plaintiff from harm, negligent care and supervision, and vicarious liability after a counselor assaulted Plaintiff. The trial court granted Devereux's motion for summary judgment, finding that to the extent claims were for negligence, they were barred by the Charitable Immunity Act (CIA). The court further concluded that New Jersey law does not compel imposing a "non-delegable duty" upon Devereux. The Appellate Division affirmed in part, also finding no "non-delegable duty," and reversed in part, holding that a reasonable jury could find that the counselor acted in part within the scope of her employment. The issues on appeal to the Supreme Court were: (1) whether to impose upon an institution that cares for developmentally disabled residents a "non-delegable duty" to protect them from harm caused by employees' intentional acts; and (2) whether the employee in this case could be found to have acted within the scope of her employment when she criminally assaulted the resident, thereby subjecting the non-profit facility to liability pursuant to "respondeat superior." The Court reaffirmed the duty of due care imposed upon caregivers with in loco parentis responsibilities to persons with developmental disabilities. However, applying the analysis set forth and developed by prior opinions, the parties' relationship, the nature of the risk, the opportunity and ability to exercise care, and public policy, the Court concluded the circumstances of this case did not justify imposing on caregivers a "non-delegable duty" to protect residents from harm caused by employees' intentional acts. Furthermore, the Court held that no rational factfinder could find that the Devereux counselor's criminal assault on Plaintiff was conducted within the scope of her employment. View "Davis v. Devereux Foundation" on Justia Law

At the time of the attack, Anthony Andrews, who was temporarily living with his sister in an apartment across the hall, called 9-1-1. The call was routed to a State Police Public Safety Answering Point (PSAP). When the operator answered, Andrews reported that he "heard somebody screaming next door, inside this building" at "227 Wegman." The call was transferred to Jersey City’s PSAP, where the operator there asked for a location. Andrews responded, "185 Wegman." He stated: "I hear some screamin'" and "I don’t know what’s going on next door." The Jersey City operator prepared a narrative of the call which included the wrong address. The operator never asked Andrews what he meant by "next door" and so she mistakenly wrote "the house next door" rather than an apartment. Officers were dispatched to "Check 185 Wegman Parkway." Officers found the building at 185 Wegman unoccupied and left. Approximately twenty-two hours later, Andrews called 9-1-1 again. The operator who answered interrupted Andrews and asked if he had "a life threatening emergency that’s going on right now," and he replied, "No . . . it happened last night." A wrongful death and survival action was filed by both Plaintiff Paris Wilson through a guardian ad litem, his aunt Sonya Manzano, and by Plaintiff D Artagnan Manzano, individually and as Administrator of the Estates of his children DeQuan and Dartagnania. Plaintiffs claim that the two 9-1-1 operators were derelict in their duties and that their negligence, gross negligence, or wanton and willful disregard for the safety of others caused pain and suffering to all three children and led to the deaths of DeQuan and Dartagnania. The trial court dismissed the claims against defendants, finding that they were protected by statutes including the 9-1-1 immunity act, N.J.S.A. 52:17C-10, and that there was insufficient evidence of wanton and willful conduct needed to vault the immunity statute. The Appellate Division reversed. Upon review, the Supreme Court concluded that N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators and their public-entity employers for negligence in delivering 9-1-1 services, including the mishandling of emergency calls. Because the statute does not protect conduct that constitutes wanton and willful disregard for safety, the Court remanded the case to resolve that issue. View "Wilson v. City of Jersey City" on Justia Law

Defendant DuPont Chambers Works (DuPont) manufactures chemical products, and employed Plaintiff John Seddon for approximately thirty years. In 2002, Mr. Seddon worked as an operator technician in one of DuPont's facilities. Among Mr. Seddon's duties was to ensure the safe operation of equipment and the safe handling of chemicals in the building. Mr. Seddon expressed concern over certain dangerous conditions he saw at the plant. When DuPont did nothing to ameliorate the situation, Mr. Seddon filed an OSHA complaint. From 2003 to 2005, Mr. Seddon alleged that DuPont retaliated against him for making the OSHA complaint by cutting his overtime, reducing his work hours, changing his shifts, and giving him poor performance evaluations. He filed suit against DuPont under the state Conscientious Employee Protection Act (CEPA). A jury returned a verdict in Mr. Seddon's favor and awarded him over $2 million for wages lost as a result of DuPont's actions. The award also included punitive damages and attorney fees. DuPont appealed, and the appellate court reversed and entered judgment in favor of DuPont. The appellate court concluded that Mr. Seddon could not prevail on a lost-wage claim under the CEPA unless he proved "actual or constructive discharge," and vacated the $2 million damages award. On appeal to the Supreme Court, Mr. Seddon challenged the appellate court's holding that he had to prove "lost-wages" under CEPA. Upon consideration of the briefs and the applicable legal authorities, the Supreme Court reversed the appellate court. The Court found that lost wages are recoverable in a CEPA case, even in the absence of a "constructive discharge." The Court reinstated the jury verdict and damages award in favor of Mr. Seddon. View "Donelson v. DuPont Chambers Works" on Justia Law