OSHA Violation Insufficient to Establish 'Intentional Wrong'

The New Jersey Supreme Court ruled that a construction worker who was injured when a trench collapsed on him could not maintain a tort action against his employer for an "intentional wrong," even though the employer was cited for a "willful" violation of federal safety regulations to guard against trench accidents of the sort which occurred. Case: Van Dunk v. Reckson Associates Realty Corp., No. A-69 September Term 2010, 066949, 06/26/2012, published. Facts: Kenneth Van Dunk sustained serious injuries in August 2004 while he was excavating a trench in the course of his employment with the Jame...