dual capacity doctrine (New Jersey) · Go Syfert
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dual capacity doctrine in New Jersey

9 New Jersey opinions name it 2 courts 1982–2001 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Lyon v. Barrettgreen
nj · 1982 · cited in 3 New Jersey opinions naming this issue, 1982–1988
2 sentences

1988In Lyon v. Barrett, 89 N.J. 294, 299 (1982), the Supreme Court noted that although the facts in the case made it unnecessary for the court to address the validity of the doctrine, the Appellate Division had addressed the issue and found the doctrine inapplicable.

1988In Lyon v. Barrett, 89 N.J. 294, 299 (1982), the Supreme Court noted that although the facts in the case made it unnecessary for the court to address the validity of the doctrine, the Appellate Division had addressed the issue and found the doctrine inapplicable.

23
Wright v. District Court in & for the County of Jeffersongreen
colo · 1983 · cited in 1 New Jersey opinions naming this issue, 2000–2000
2 sentences

2000Declaring that "[m]edical malpractice is not an inherent risk of the brewing business," in Wright v. District Court, 661 P. 2d 1167, 1171 (1983), the Supreme Court of Colorado held that a brewery employee whose back injury was aggravated by the malpractice of a company doctor could maintain a malpractice claim against the company doctor because the doctor's relationship with the employee was identical to that of a doctor in private practice with a patient.

2000Declaring that “[mjedical malpractice is not an inherent risk of the brewing business,” in Wright v. District Court, 661 P.2d 1167, 1171 (1983), the Supreme Court of Colorado held that a brewery employee whose back injury was aggravated by the malpractice of a company doctor could maintain a malpractice claim against the company doctor because the doctor’s relationship with the employee A similar result was reached by the Supreme Court of Georgia in Davis v. Stover, 258 Ga. 156 , 366 S.E.2d 670 (1988).

11
DeFigueiredo v. US METALSgreen
njsuperctappdiv · 1989 · cited in 1 New Jersey opinions naming this issue, 1994–1994
2 sentences

1994Super. 407 , 563 A. 2d 50 (App.Div. 1989) that While the dual capacity doctrine may have viability in some circumstances, it is clearly inapplicable here, where the employee is injured during the course of his employment on the premises of the employer. [at 407-8, 563 A. 2d 50 ] What sets this case apart from both Doe and DeFigueiredo is that fact that here we are dealing not with the dual capacity of one corporation but with the merger of formerly separate corporations, each of which acted in a different capacity.

1994Super. 407 , 563 A. 2d 50 (App.Div. 1989) that While the dual capacity doctrine may have viability in some circumstances, it is clearly inapplicable here, where the employee is injured during the course of his employment on the premises of the employer. [at 407-8, 563 A. 2d 50 ] What sets this case apart from both Doe and DeFigueiredo is that fact that here we are dealing not with the dual capacity of one corporation but with the merger of formerly separate corporations, each of which acted in a different capacity.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Dixon v. Ford Motor Co.green
calctapp · 1975 · cited in 1 New Jersey opinions naming this issue, 1982–1982
2 sentences

1982But cf. Dixon v. Ford Motor Co., 53 Cal. App. 3d 499 , 125 Cal. Rptr. 872 (D.Ct.App. 1976), which commented on the fact that several cases refused to extend the rationale of Duprey v. Shane, supra , to different factual contexts.

1982But cf. Dixon v. Ford Motor Co., 53 Cal. App. 3d 499 , 125 Cal. Rptr. 872 (D.Ct.App. 1976), which commented on the fact that several cases refused to extend the rationale of Duprey v. Shane, supra , to different factual contexts.

11

Also cited on this issue (11)

CaseCitedYears
DeFigueiredo v. US METALS neutral
njsuperctappdiv · 1988
2 sentences

1989We thus affirm *409 substantially for the reasons expressed by Judge Menza in his thoughtful opinion of August 5, 1988. 235 N.J.

1989We thus affirm substantially for the reasons expressed by Judge Menza in his thoughtful opinion of August 5, 1988. 235 N.J.Super. 458 .

21989–1989
Petrocco v. at & T Teletype, Inc. green
njsuperctappdiv · 1994
2 sentences

2001Plaintiff's reliance on Petrocco v. At & T Teletype, Inc., 273 N.J.Super. 613 , 642 A. 2d 1072 (Law Div.1994) is entirely misplaced.

2001Plaintiff's reliance on Petrocco v. At & T Teletype, Inc., 273 N.J.Super. 613 , 642 A. 2d 1072 (Law Div.1994) is entirely misplaced.

12001–2001
Davis v. Stover green
ga · 1988
2 sentences

2000Declaring that “[mjedical malpractice is not an inherent risk of the brewing business,” in Wright v. District Court, 661 P.2d 1167, 1171 (1983), the Supreme Court of Colorado held that a brewery employee whose back injury was aggravated by the malpractice of a company doctor could maintain a malpractice claim against the company doctor because the doctor’s relationship with the employee A similar result was reached by the Supreme Court of Georgia in Davis v. Stover, 258 Ga. 156 , 366 S.E.2d 670 (1988).

2000Declaring that “[mjedical malpractice is not an inherent risk of the brewing business,” in Wright v. District Court, 661 P.2d 1167, 1171 (1983), the Supreme Court of Colorado held that a brewery employee whose back injury was aggravated by the malpractice of a company doctor could maintain a malpractice claim against the company doctor because the doctor’s relationship with the employee A similar result was reached by the Supreme Court of Georgia in Davis v. Stover, 258 Ga. 156 , 366 S.E.2d 670 (1988).

12000–2000
Boyle v. Breme green
nj · 1983
2 sentences

2000I disagree and would adopt the dual capacity doctrine relied on by Justice Handler in Boyle v. Breme, 93 N.J. 569, 570-77 , 461 A.2d 1164 (1983) (Handler, J., dissenting), and permit injured plaintiffs to assert medical malpractice claims against a co-employee company doctor.

2000I disagree and would adopt the dual capacity doctrine relied on by Justice Handler in Boyle v. Breme, 93 N.J. 569, 570-77 , 461 A.2d 1164 (1983) (Handler, J., dissenting), and permit injured plaintiffs to assert medical malpractice claims against a co-employee company doctor.

12000–2000
Billy v. Consolidated Machine Tool Corp. green
ny · 1980
2 sentences

1994In that case the court concluded at 156, 432 N.Y.S. 2d 879 , 412 N.E. 2d 934 : "(W)e conclude that ... the exclusivity provisions of that Statute do not bar a common law action against the employer for injuries sustained in the course of his employment ... (where) the employer's liability, if any, is alleged to have risen solely from its independent assumption, by contract or operation of law, of the obligations and liabilities of a third-party tort-feasor." The dual capacity doctrine has not found favor in this State.

1994In that case the court concluded at 156, 432 N.Y.S. 2d 879 , 412 N.E. 2d 934 : "(W)e conclude that ... the exclusivity provisions of that Statute do not bar a common law action against the employer for injuries sustained in the course of his employment ... (where) the employer's liability, if any, is alleged to have risen solely from its independent assumption, by contract or operation of law, of the obligations and liabilities of a third-party tort-feasor." The dual capacity doctrine has not found favor in this State.

11994–1994
State v. Purdy green
alaska · 1979
1 sentence

1982For these reasons, and because of the persuasiveness of case law from other jurisdictions rejecting it, we reject the dual capacity doctrine as the law of this state. [ 601 P. 2d at 260 ] Nor has the so-called "dual-capacity" doctrine thrived in New Jersey.

11982–1982
Hoffman v. Rogers green
calctapp · 1972
2 sentences

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

11982–1982
D'Angona v. County of Los Angeles green
cal · 1980
2 sentences

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

11982–1982
Duprey v. Shane green
cal · 1952
2 sentences

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

1982Some states purport to apply the dual capacity doctrine generally, Duprey v. Shane, 39 Cal. 2d 781 , 249 P. 2d 8 (Sup.Ct. 1952); Hoffman v. Rogers, 22 Cal. App. 3d 655 , 99 Cal. Rptr. 455 (D.Ct.App. 1972), at least in the situation of a hospital employee where "the nonemployer aspect of the employer's activity generates a different set of obligations by the employer toward the employee," D'Angona v. Los Angeles Cty., 27 Cal. 3d 661 , 613 P. 2d 238, 242 , 166 Cal. Rptr. 177 (Sup.Ct. 1980).

11982–1982
Taylor v. Pfaudler Sybron Corp. green
njsuperctappdiv · 1977
1 sentence

1982In Taylor v. Pfaudler Sybron Corp., 150 N.J.

11982–1982
Mager v. United Hospitals of Newark green
njsuperctappdiv · 1965
1 sentence

1982In Mager v. United Hospitals of Newark, 88 N.J.

11982–1982

Where else courts name it

IL 49 (1945–2014) CA 43 (1977–2026) OH 24 (1976–2013) MO 18 (1909–2021) LA 16 (1981–2004) MI 15 (1980–2000) OK 13 (1918–2024) PA 13 (1981–2023) AZ 9 (1985–2017) AL 9 (1980–2013) NJ 9 (1982–2001) TX 8 (1919–2015) CT 7 (1988–2010) WI 7 (1980–1993) NY 6 (1978–1999) MS 6 (1933–1997) WA 5 (1985–1998) NH 4 (1982–1994) SC 3 (1999–2013) IN 3 (2008–2008) KS 3 (1985–2022) CO 3 (1983–1996) KY 3 (1981–2019) ME 2 (1994–1994) FL 2 (1984–1991) WV 2 (1986–1993) MN 2 (1962–1987) MT 2 (1995–2015) VA 2 (2005–2007) RI 2 (1989–1997) AK 2 (1979–1995) NM 2 (1988–1995) NC 2 (1942–1993) UT 2 (1985–1987) MA 2 (1980–1987) MD 2 (1999–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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