In a decision dated November 3, 2023, the Hon. Stephen L. Petrillo granted the motion brought by our clients NY-NJ Link Developer, LLC, Macquorie Group Limited, Kiewit Development Company and The Port Authority of New York and New Jersey and dismissed plaintiff’s complaint in its entirety as a matter of law with prejudice. This litigation arises out of the Goethals Bridge Replacement Construction project (“the Project”). Plaintiff, a union laborer out of Local 472 employed by Kiewit-Weeks-Massman, AJV, alleges that he was injured on October 26, 2017, when he was struck on the left side of his body by a swinging load on a crane that caused him to fall into an adjacent trench and sustain various personal injuries. In reaching its decision, the Court found that New Jersey law applied and that our clients did not owe a duty of care to plaintiff. The Court endorsed our choice of law analysis and agreed that our clients, the ownership entities of the Project, did not have any direct or indirect involvement in the means and methods of the plaintiff’s work and that none of the exceptions to the general rule applied, contrary to plaintiff’s arguments.
Erwin Campoverde v. NY-NJ Link Developer, LLC et al., Index No. ESX-L-6909-18 (N.J. Sup. Ct. Essex Co., Nov. 3, 2023)