Gordon Rees Scully Mansukhani New Jersey Partner Melissa Brown and Associate Brittney Nochimson obtained the dismissal of all claims and cross-claims filed against their client, a health care facility.
The plaintiff, who worked as a nurse at the facility, claimed that the facility’s negligence led to her sustaining severe permanent injuries, which prevented her from continuing her employment. Brown and Nochimson filed an early, pre-discovery motion to dismiss the plaintiff’s complaint, arguing that the New Jersey Workers’ Compensation Act barred the plaintiff’s right to recovery. The GRSM team set forth public policy arguments demonstrating that the Workers’ Compensation Act was created to act as the sole basis of recovery for any claim arising from the course and scope of a plaintiff’s employment.
The court agreed and granted the defendant’s motion in full, dismissing all claims and cross-claims alleged against the facility with prejudice.