Parsippany Partner Christopher Martin and Associate Ryan Franco obtained a dismissal on a motion hearing.  The case involved a tractor trailer driver who was injured when he was struck with a jack while loading his truck.  He had several surgeries and extensive physical therapy. After a lengthy hearing on both the “Right to Control Test” and the “Relative Nature of Work Test,” the Court found the driver’s relationship with the firm’s client did not rise to the Court’s standard of “employee” as defined in NJSA 34:15-36, barring recovery and the matter was dismissed with prejudice.