Opinion
C-266 September Term 2022 087217
11-07-2022
Philip PANTANO and Phyllis Pantano, Plaintiffs-Respondents, v. NEW YORK SHIPPING ASSOCIATION, Container Services, Inc., Hyster-Yale Group, Inc., 303 Doremus Urban Renewal, NAP Realty Corporation, Eastern Lift Truck Co., Inc., Metropolitan Marine Maintenance Contractors’ Association, Inc., and Port Technical Training Institute, Defendants, and Marine Transport, Inc., Defendant-Petitioner.
ORDER
A petition for certification of the judgment in A-003869-19 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, limited to whether vicarious liability under the borrowed servant doctrine is a question of law to be decided by the court or a question of fact reserved for the jury (i.e., Point I of the petition for certification). Certification is denied as to all other issues.