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CARVALHO v. TOLL BROS. & DEVEL.

278 N.J. Super. 451 (1995)

651 A.2d 492

CIDALINA O. CARVALHO, EXECUTRIX OF THE ESTATE OF FRANCISCO F. CARVALHO, PLAINTIFF-APPELLANT, v. TOLL BROTHERS AND DEVELOPERS AND BERGMAN HATTON ENGINEERING ASSOCIATES, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS AND CROSS-RESPONDENTS, AND WEST WINDSOR TOWNSHIP, DEFENDANT, AND JUDE ENTERPRISES, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1995.

Attorney(s) appearing for the Case

Richard B. Gelade argued the cause for appellant (Mr. Gelade on the brief).

Lawrence Berg argued the cause for respondent/cross-appellant and cross-respondent Toll Brothers & Developers (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Richard L. Goldstein and Mr. Berg on the brief).

Frederic J. Schragger argued the cause for respondent/cross-appellant and cross-respondent Bergman Hatton Engineering Associates (Mr. Schragger on the brief).

Colquhoun & Colquhoun, P.A., attorneys for third-party defendant Jude Enterprises (Robert F. Colquhoun, on the letter-brief).

Before Judges HAVEY, BROCHIN and CUFF.

The opinion of the court was delivered by HAVEY, J.A.D.

Plaintiff's decedent, Francisco F. Carvalho, while working in a trench on a sewer installation site, was crushed to death when the trench collapsed. The central issue raised by this appeal is whether the engineer who supervised the job on behalf of the owner and who had no contract obligation to inspect for safety hazards, nevertheless owed decedent a duty to take some reasonable action to prevent decedent's...

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