Thompson v. Family Godfather, Inc

In Thompson v. Family Godfather, Inc., 212 N.J. Super. 270, 514 A.2d 875 (Law Div.1986), a thirteen year old boy was injured while operating a power-driven dough machine. 212 N.J. Super. at 271, 514 A.2d 875. The complaint was filed pursuant to the election of remedies provision of the statute. It named two of the boy's co-workers, who also happened to be the sole shareholders and officers of the employer corporation. Ibid. The Law Division judge held that the suit against the co-employees was not barred by N.J.S.A. 34:15-8. The court reasoned: This court concludes from the above authority that where workers' compensation benefits are the employee's sole remedy, the employer was intended to be immunized by N.J.S.A. 34:15-10 . . . Knowing the law permits a minor to elect a common law remedy, the employer who employs minors is put on notice to carry insurance protection to cover the personal liability of supervisory personnel, to cover itself for any cross claims for indemnity should an employee be sued for other than an intentional tort and to provide insurance protection for itself for liability based on the doctrine of respondeat superior in a situation where a minor is injured on the job as a result of the negligence or other tortious act of a co-employee. Thompson, supra, 212 N.J. Super. at 274, 514 A.2d 875.