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PFENNINGER v. HUNTERDON CENTRAL REGIONAL HIGH SCH.

770 A.2d 1173 (1999)

Lisa PFENNINGER, Executrix of the Estate of Matthew Pfenninger, Deceased, Plaintiff-Appellant, v. HUNTERDON CENTRAL REGIONAL HIGH SCHOOL, Hunterdon Central Regional High School District Board of Education, Hunterdon County, A.J. O'Sullivan Architects, P.A., Andrew J. O'Sullivan, C.J. O'Sullivan, a/k/a C.J. Ostergaard, John Stana, Barry Imbowdin, and Kenneth R. Quabeck, Defendants-Respondents, and Joseph Krehely, Hunterdon County Soil Conservation, Raritan Township, State of New Jersey, Fred Cappola, Mark Symancek, and Aaron Plumbing, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1999.

Attorney(s) appearing for the Case

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

Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, attorneys for respondents A.J. O'Sullivan Architects, P.A., Andrew J. O'Sullivan, C.J. O'Sullivan, and Kenneth R. Quabeck (John H. Osorio and John H. King, of counsel; Mr. King, on the brief).

Romando, Astorino, McLarty & DeMille, Hamilton, NJ, attorneys for respondents Hunterdon Central Regional High School, Hunterdon Central Regional High School Board of Education, Hunterdon County, John Stana, and Barry Imbowdin (Robert A. McLarty, Jr., of counsel and on the brief).

Before Judges CONLEY, BRAITHWAITE and COBURN.

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

While in the process of laying drainage piping in an unbraced nine-foot excavated trench, Matthew Pfenninger, the owner and principal officer of Countywide Excavating Company, was crushed to death when the trench caved in. In the ensuing wrongful death action, Matthew's wife, the plaintiff herein, sued, among others, the Hunterdon Central Regional High School District...

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