Jan Saltiel D/B/A Edgewater Design Associates, Plaintiff-Respondent v. Gsi Consultants, Inc., John Does 1-5 and Abc…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated summary judgment for corporate officers Indyk and Caton, holding that the plaintiff's claims arise under the contract with GSI and not under tort law. Because no independent duty of care existed apart from the contract, the participation theory of personal liability does not apply. Accordingly, the officers are not personally liable for the alleged negligent design of the soccer field.