Kelly v. Geriatric and Medical Services, Inc.
Case Date: 12/19/1996
Docket No: SYLLABUS
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(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for
the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please
note that, in the interests of brevity, portions of any opinion may not have been summarized).
Argued November 19, 1996 -- Decided December 19, 1996
PER CURIAM
In this appeal, the Court addresses the propriety of an order granting summary judgment in behalf
of an employer, dismissing a temporary employee's suit for personal injuries sustained during the course of
her employment.
Kelly, a licensed practical nurse, was injured when she slipped and fell on a wet floor while working
at Cooper River Convalescent Center (CRCC). At the time, she was employed by a labor services company
in the business of supplying skilled nursing personnel to health care facilities on a temporary basis.
Following her injury, Kelly filed a personal injury negligence complaint against CRCC, alleging that
she was a business invitee at CRCC and that the facility had a duty to provide her with a safe place to work.
CRCC filed an answer to the complaint in which it asserted that Kelly was an employee of CRCC at the
time of her injury and that her exclusive remedy against it, therefore, was under the New Jersey Workers'
Compensation Law. After the completion of discovery, CRCC filed a motion for summary judgment,
alleging that Kelly was its “special employee” and that her claim was barred by the New Jersey Workers'
Compensation Law.
The trial court found Kelly to be CRCC's “special employee” and granted its motion for summary
judgment. Kelly appealed the trial court's ruling to the Appellate Division. The Appellate Division affirmed
the trial court's ruling in a reported opinion.
287 N.J. Super. 567 (1995). The Supreme Court granted
Kelly's petition for certification.
HELD: The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the
reported opinion below. Kelly's voluntary acceptance of work at CRCC gave rise to an implied contract of
employment, making her a “special employee” of the center. Her personal injury suit against CRCC was,
thus, barred by the New Jersey Workers' Compensation Law.
CHIEF JUSTICE PORITZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI,
STEIN and COLEMAN join in this opinion.
SUPREME COURT OF NEW JERSEY
JOAN P. KELLY,
Plaintiff-Appellant,
v.
GERIATRIC & MEDICAL CENTERS, INC.
t/a COOPER RIVER CONVALESCENT
CENTER,
Defendant-Respondent,
and
JOHN DOES (1-5), JOHN DOES (6-10),
and JOHN DOES (11-15), J/S/A,
Defendants.
Argued November 19, 1996 -- Decided December 19, 1996
On certification to the Superior Court,
Appellate Division, whose opinion is reported
at
287 N.J. Super. 567 (1996).
Jaffa F. Stein argued the cause for appellant
(Tomar, Simonoff, Adourian, O'Brien, Kaplan,
Jacoby & Graziano, attorneys; Franklin P.
Solomon, on the briefs).
Francis E. Schachtele argued the cause for
respondent (Blejwas, Knapp & Schachtele,
attorneys).
PER CURIAM
NO. A-53 SEPTEMBER TERM 1996
JOAN P. KELLY,
Plaintiff-Appellant,
v.
GERIATRIC & MEDICAL CENTERS,
Defendant-Respondent,
and
JOHN DOES (1-5), JOHN DOES
Defendants.
DECIDED December 19, 1996
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