In a decision dated March 4, 2025, the Superior Court of New Jersey, Appellate Division, denied the plaintiff’s appeal and upheld the lower court’s Order granting our clients, defendants NY-NJ Link Developer, LLC, Macquarie Group Limited, Kiewit Development Company and The Port Authority of New York and New Jersey’s motions for summary judgment dismissing the plaintiff’s complaint related to a workplace incident in which he sustained injuries while working as a laborer on the Goethals Bridge construction project.  The plaintiff, while working on the New Jersey side of the project on October 26, 2017, was struck in the back when an excavator swung a crane mat allegedly without proper signaling. Despite the plaintiff living in New Jersey, getting injured while on the New Jersey side of the bridge and getting his job through a New Jersey union, he brought claims in a New Jersey court alleging negligence under New Jersey law as well as violations of the New York Labor Law.  The New York Labor Law has strict liability provisions which allow workers an easier time to bring a claim against owners and general contractors. In both the lower court and on appeal, our firm successfully argued that New York law did not apply to the case requiring dismissal of all New York Labor Law claims.  The Appellate Division also held that the defendants were not negligent under New Jersey law ruling that the defendants did not owe the plaintiff a duty of care because were considered general contractors and not liable for the subcontractor’s alleged negligence.

Erwin Campoverde v. NY-NJ Link Developer, LLC et al., 2025 WL 682311 (Mar. 4, 2025)