The Appellate Division reversed the grant of summary judgment to a defendant company, finding the Essex County Superior Court erred in determining there was no duty of inquiry under Alloway v. Bradlees.

Johnny Medina was injured when his foreman, Kevin Skalko, chased him in a forklift and accidentally struck his shoulder and ran over his foot. Both men were employees of Coli Electric, a subcontractor of construction company Tracy Cold Storage. In 2010, Tracy was hired by Bartlett Dairy to upgrade its Newark facility. Tracy subcontracted with Coli in 2014 to increase the electrical service levels and to install a backup generator at Bartlett’s facility, according to the opinion.