Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 18, 2009

07-31-09* Costa v. Copeland Construction and Gaccione A-6022-07T1

07-31-09* Dione DeSours Costa v. Copeland Construction and
Salvatore Gaccione
A-6022-07T1

The Law Division judge erred in dismissing plaintiff's
claim against the general contractor and owner of a homebuilding
site, as a matter of law on summary judgment. We
concluded there was sufficient evidence to submit to a jury the
issue of whether the owner of the property also operated as the
de facto general contractor who was responsible for worksite
safety under common law and OSHA. We distinguished Slack v.
Whalen, 327 N.J. Super. 186 (App. Div. 2000), where the
residential landowner did not act as a general contractor and
had no duty for worksite safety. The situation in this case is
factually distinguishable

Chase Smith assistant editor