Robert Neff (Partner-Florham Park, NJ) obtained summary judgment on behalf of a landscaping company in the Superior Court of New Jersey, Monmouth County. The plaintiff was an employee of the client who fell from a ladder on a jobsite and suffered injuries that required surgical repair and resulted in residual physical limitations. Bob’s cross-examination of the plaintiff, along with photos and textual evidence, demonstrated that the actions of neither the landscaping company nor the supervisor were sufficient to create a “virtual certainty” of serious injury and vault the workers’ compensation bar against tort suits by employees against employers. The court found the plaintiff had not sufficiently supported either the “conduct” or the “context” prongs of the intentional wrong test.