Dewar v. General Motors Corporation

• Court: New Jersey Department of Labor-Workmen's Compensation Bureau
• Writing for the Court: John C. Wegner, Deputy Commissioner.
• Citation: Dewar v. General Motors Corporation, 19 A.2d 194, 19 N.J.Misc. 297 (1941)
• Decision Date: 28 March 1941
• Parties: DOUGLAS T. DEWAR, PETITIONER, v. GENERAL MOTORS CORPORATION, LINDEN DIVISION, RESPONDENT

19 A.2d 194

19 N.J.Misc. 297

DEWAR

v. GENERAL MOTORS CORPORATION, LINDEN DIVISION.

New Jersey Department of Labor—Workmen's Compensation Bureau.

March 28, 1941.

Proceeding under the Workmen's Compensation Law by Douglas T. Dewar, claimant, opposed by General Motors Corporation, Linden Division, employer.

Award of compensation granted.

Samuel L. Rothbard, of Newark (Henry Harris, of Newark, of counsel), for petitioner.

McDermott, Enright & Carpenter, of Jersey City (Carl S. Kuebler, of Jersey City, of counsel), for respondent.

WEGNER, Deputy Commissioner.

From the testimony presented before me, and the depositions taken of the petitioner at the Presbyterian Hospital, it appears that the petitioner was employed by the respondent on November 8, 1940, working on the night shift. He came to work in the automobile of a co-employee, John Arace, who parked his car in the parking lot owned, controlled and operated by the respondent, immediately adjacent to its plant at Linden, New Jersey. Upon completion of his work at approximately 3 A.M., the petitioner and John Arace checked out from the respondent's plant and proceeded across the parking lot where their automobile was parked. The parking lot was divided into different lanes by wooden markers and the petitioner tripped over one of the wooden markers and fell, causing a laceration and injury to his left knee. He at no time left the premises of the respondent company. He returned to the respondent's plant where he received first aid, and his leg was cleaned of the dirt and cinders and bandaged by the respondent's nurse. He returned the following day and was treated by the respondent's plant physician and continued to work until November 11, 1940, when he became acutely ill so that his wife called Dr. John J. Torppey, who treated the petitioner and sent him to the Presbyterian Hospital where he is still a patient because of complications and infections resulting from the injury to his knee.

Thereafter the respondent denied liability for the petitioner's condition and refused him treatment when requested to do so. The basis for the denial of liability by the respondent as set forth in its answer was that the petitioner had finished his work and was outside of its plant when the accident occurred, and further, that the petitioner at the time of the accident was running through its parking lot in violation of the respondent's rules.

The testimony is undisputed that the parking lot of the respondent adjacent to its plant was owned, controlled and supervised by the respondent as a parking ground for the...