Virgil Gibilterra, Plaintiff-Respondent, Plaintiff-Appellant v. Rosemawr Homes, Inc., a Corporation of the State of…

Summary

The Supreme Court of New Jersey affirmed the dismissal of the plaintiff's claim against Rosemawr Homes, holding that the landowner owed no duty to protect an employee of an independent contractor, but reversed the dismissal as to United Construction and its operator Bayley, finding that expert testimony on standard excavation methods was improperly excluded and that liability could attach if they were "in charge" of the trench.