Stark & Stark Shareholders Bruce H. Stern, Esq. and Michael G. Donahue, Esq. filed an Amicus Brief for the New Jersey Association for Justice (NJAJ), arguing that a national building developer and its general contractor should be held responsible for the catastrophic injuries suffered by an employee on the work site.
On May 10, 2011, the plaintiff was working as a laborer on a construction site known as Richwood Crossing in Glassboro, New Jersey. The plaintiff was employed by the framing subcontractor. The plaintiff was working on the ground in front of a townhouse under construction, while several framers were working on the roof. Multiple pieces of plywood fell off the roof, striking the plaintiff on his head and upper torso. As a result, he was rendered a paraplegic.
The plaintiff’s attorneys sued and alleged that the developer, Beazer, and general contractor, Probuild Northeast, LLC and Probuild Company, violated OSHA regulations and industry standards resulting in plaintiff’s injuries.
The defendants individually moved for summary judgment to have the complaint dismissed, arguing they had no responsibility for insuring safety on the job site. The trial court agreed and dismissed plaintiff’s complaint, leaving him with no legal remedy against the developer and the general contractor.
Plaintiff’s lawyers filed an appeal, which is presently before the New Jersey Superior Court Appellate Division.
Stark & Stark attorneys were asked by the New Jersey Association for Justice to file an Amicus (“friend of the court”) brief, asserting that the building developer and its general contractor should be held legally responsible. Stark & Stark attorneys Bruce H. Stern, Esq. and Michael G. Donahue, Esq. argued in their brief that a developer and its general contractor had a non-delegable duty and responsibility to insure safety on the job site and compliance with OSHA safety regulations.
The attorneys relied on their recent victory before the New Jersey Supreme Court in Fernandas v. Dar. In that case, the New Jersey Supreme Court ruled that a general contractor had a non-delegable duty to insure safety on the work site and violations of OSHA regulations were evidence of negligence, precluding a trial court from dismissing a claim and insuring that the matter be heard before a jury.