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FERNANDES v. DAR DEVELOP. CORP.

A-37 September Term 2013, 073001

119 A.3d 878 (2015)

222 N.J. 390

Rolando FERNANDES, Plaintiff-Respondent, v. DAR DEVELOPMENT CORP. and DAR Construction, Inc., Defendants-Appellants.

Supreme Court of New Jersey.

Decided July 28, 2015.

Attorney(s) appearing for the Case

Joseph K. Cobuzio argued the cause for appellant (Tompkins, McGuire, Wachenfeld & Barry, attorneys; Mr. Cobuzio, Matthew P. O'Malley , and Jared P. DuVoisin , Newark, on the briefs).

Gerald H. Clark argued the cause for respondent (Clark Law Firm, attorneys; Mr. Clark and William S. Peck , Edison, on the letter brief).

Bruce H. Stern , Lawrenceville, argued the cause for amicus curiae New Jersey Association of Justice (Stark & Stark, attorneys; Mr. Stern and Michael G. Donahue , on the brief).

As plaintiff Rolando Fernandes and his boss, Mario Freitas (Mario),1 were installing a sewer pipe on a residential construction site, the wall of the trench in which Fernandes was working collapsed, burying him up to his chest. Mario promptly extricated...

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