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CARVALHO v. TOLL BROS. AND DEVELOPERS

143 N.J. 565 (1996)

675 A.2d 209

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

The Supreme Court of New Jersey.

Decided May 6, 1996.

Attorney(s) appearing for the Case

Frederick J. Schragger argued the cause for appellant (Mr. Schragger, attorney; Andrew J. Schragger, on the briefs).

Richard B. Gelade argued the cause for respondent Cidalina O. Carvalho, etc.

Robert F. Colquhoun argued the cause for respondent Jude Enterprises (Colquhoun & Colquhoun, attorneys).

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

John S. Barnett submitted a brief on behalf of amicus curiae New Jersey Society of Professional Engineers, Inc. (Picco Mack Herbert, attorneys).

The opinion of the Court was delivered by HANDLER, J.

This case arises out of a fatal accident at a construction site. A workman was killed when the unstable walls of a deep trench in which he was working collapsed on him. An inspector hired by the project engineer, observing the work being performed at the site and aware of conditions in the trench, witnessed the accident. Under the contract with the project owner, the engineer was required to have an inspector at...

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