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PFENNINGER v. HUNTERDON CENTRAL REGIONAL HIGH SCH.

770 A.2d 1126 (2001)

167 N.J. 230

Lisa PFENNINGER, Executrix of the Estate of Matthew Pfenninger, deceased, Plaintiff-Respondent, v. HUNTERDON CENTRAL REGIONAL HIGH SCHOOL, Hunterdon Central Regional High School District Board of Education, Hunterdon County, A.J. O'Sullivan Architects, Andrew J. O'Sullivan, C.J. O'Sullivan, C.J. Ostergaard, John Stana, Barry Imbowdin and Kenneth R. Quabeck, Defendants-Appellants, and Hunterdon County Soil Conservation, Raritan Township, State of New Jersey, Fred Cappola, Mark Symancek, Aaron Plumbing, John Does 1-10 (said names being fictitious) and Richard Roes 1-10 (said names being fictitious), Defendants.

Supreme Court of New Jersey.

Decided March 13, 2001.

Attorney(s) appearing for the Case

John H. King, Cherry Hill, for appellants A.J. O'Sullivan Architects, Andrew J. O'Sullivan, C.J. O'Sullivan, Kenneth R. Quabeck and C.J. Ostergaard (Marshall, Dennehy, Warner, Coleman & Goggin, attorneys; Mr. King and John H. Osorio, of counsel).

Robert A. McLarty, Jr., Hamilton, for appellants Hunterdon Central Regional High School, Hunterdon Central Regional High School District Board of Education, Hunterdon County, John Stana and Barry Imbowdin (Romando, Astorino & McLarty, attorneys).

Victor A. Rotolo, Lebanon, for respondent (Mr. Rotolo, attorney; Michael F. Midlige and Matthew F. Richter, on the brief).

Arthur Bergman submitted a brief on behalf of amicus curiae, Consulting Engineers Council of New Jersey (Sokol, Behot & Fiorenzo, attorneys).

PER CURIAM.

This wrongful death action was instituted to recover damages resulting from the death of twenty-nine-year-old Matthew Pfenninger who was killed when an eight-to-nine-foot-deep trench collapsed on top of him while he was installing drainage pipe. The appeal presents three primary issues. The first issue is whether the landowner, Hunterdon Central Regional High School District Board of Education (Board) and the...

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