Alloway v. Bradlees, Inc

In Alloway v. Bradlees, Inc., 157 N.J. 221, 230, 723 A.2d 960 (1999) apaving contractor was contractually responsible for constructing a special exterior ramp for loading purposes on a construction site for a new Shop Rite Supermarket. The paving contractor had engaged an excavating contractor to deliver paving materials using the excavating contractor's truck and driver. The principal of the excavating contractor, who was also a foreman for the paving contractor, undertook to supervise the paving crews because he had direct knowledge of the work requirements. Alloway, supra, 157 N.J. at 226, 233, 723 A.2d 960. The plaintiff was the truck driver for the excavating contractor. The day before the plaintiff was to deliver crushed stone to the site, she noticed a mechanical problem with the dump truck she was operating. Id. at 226-27, 723 A.2d 960. After relaying the problem to both her supervisor and the paving contractor foreman, the foreman notified her that a defect had been found and would be repaired by the next day. Id. at 227, 723 A.2d 960. Plaintiff was unaware that the defect had not been repaired, and as a result, she was seriously injured while attempting to use the truck. Id. at 227-28, 723 A.2d 960. Based on the foregoing facts, the Court determined that the risk of injury was "clearly foreseeable" because the paving contractor "knew that the truck was defective, and had attempted to correct the defect." Id. at 232, 723 A.2d 960. The Court also noted the "substantial and close relationship" between the paving contractor and the excavating contractor. Ibid. That relationship, the Court observed, "created both the opportunity and capacity" on the part of the paving contractor "to exercise authority and control over the equipment" of the excavating contractor if safety concerns were implicated. Id. at 233, 723 A.2d 960. Since the paving contractor had actually "undertaken remedial measures" to correct the defect in the truck prior to the accident, the Court concluded that "fairness and policy" impelled the imposition of a duty of reasonable care on the paving contractor to assure the safety of the excavation contractor's employee at the worksite. Ibid. The Court explained that general negligence principles govern the determination of whether a legal duty should be imposed on a contractor for injuries sustained by another contractor's employee. Ibid. In reaching that conclusion, it recited several factors, relying on Hopkins, supra, stating that although "the foreseeability of the risk of injury" is the major consideration for imposing a tort duty, additional factors should be considered, such as "'the relationship of the parties, the nature of the attendant risk, the opportunity and ability to exercise care, and the public interest in the proposed solution.'" Alloway, supra, 157 N.J. at 230, 723 A.2d 960. Before a duty will be imposed, the Court indicated that these factors must be identified, weighed and balanced. Ibid. The Court further indicated that "the analysis leading to the imposition of a duty of reasonable care is 'both fact specific and principled.'" Ibid. In Alloway, the Court imposed a duty on a subcontractor for injuries sustained by an employee of a different subcontractor. In doing so, the Court re-emphasized the principle that the decision to impose a duty of care is ultimately one of fairness and policy. Alloway, supra, 157 N.J. at 230, 723 A.2d 960;