In an Order dated May 5, 2026, the New Jersey Supreme Court rescinded the granting of certification to the plaintiff for an appeal from the New Jersey Appellate Division effectively upholding the dismissal of the plaintiff’s claims as decided by the Appellate Division.  Our client, NY-NJ Link Developer, LLC, entered into an agreement with The Port Authority of New York and New Jersey to replace the Goethals Bridge.  NY-NJ Link hired Kiewit-Weeks-Massman for the design and construction of the replacement of the Goethals Bridge.  KWM was the plaintiff’s employer at the time of the accident. The plaintiff was working on the New Jersey side of the Goethals Bridge when the accident occurred.  The plaintiff alleges that he was injured when a co-worker improperly operated an excavator while moving a wooden crane mat, causing the mat to strike the plaintiff in the back.  The plaintiff originally brought claims under both New York and New Jersey law which were dismissed by the motion court and upheld by the Appellate Division.  The plaintiff then filed a Petition for Certification to the New Jersey Supreme Court.  The Supreme Court originally granted the plaintiff’s Petition for Certification, limited to issues of general contractor liability for injuries to a subcontractor’s employees under New Jersey Law.  Essentially, the Supreme Court wanted briefs about whether NY-NJ Link could be held liable for the alleged negligence of its independent subcontractor KWM.  After supplemental briefs submitted to the Supreme Court by our office and oral arguments in front of the Court, the Supreme Court decided to vacate the order stating that it was improvidently granted.  In vacating the order granting certification, the Supreme Court upheld the dismissal of all claims holding that our client, NY-NJ Link, could not be held liable for the plaintiff’s accident.

Erwin Campoverde v. NY-NJ Link Developer, LLC et al., Index No. A-001174-23 (N.J. Sup. Ct., May 5, 2026)