In a personal injury case involving the multifactor Galvao test, used to evaluate whether a worker who negligently caused a plaintiff’s jobsite injury was a “borrowed employee” of the plaintiff’s own employer, the New Jersey Supreme Court held that application of the test is presumptively for a jury to decide.
The justices said the court itself should not resolve the borrowed-employee issue unless the evidence on the factors is so one-sided that it warrants judgment in favor of the moving party as a matter of law.
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