Legal Opinion

Fernandes v. Dar Development Co. (073001)

Supreme Court of New Jersey

Decided July 28, 2015No. A-37-13PublishedCited by 42 opinions

1Opinion of the Court

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

As plaintiff Rolando Fernandes and his boss, Mario Freitas (Mario), 1 were installing a sewer pipe on a residential construction site, the wall of the trench in which Fernandes was working collapsed, burying him up to his chest. Mario promptly extricated plaintiff and later drove him home. Fernandes was seriously injured and has not worked since that day.

Fernandes filed a complaint against the general contractor, DAR Development Corp. and DAR Construction, Inc. (collectively DAR or defendant), seeking compensatory damages. At…

2Cases cited23 opinions

  1. Deborah Townsend v. Noah Pierre (072357)Supreme Court of New Jersey · 2015
  2. Suter v. San Angelo Foundry & MacHine CompanySupreme Court of New Jersey · 1979
  3. Polzo v. County of EssexSupreme Court of New Jersey · 2008
  4. Wayne Davis v. Brickman Landscaping (071310)Supreme Court of New Jersey · 2014
  5. People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985

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3Cited by42 opinions

  1. Antilles School, Inc. v. LembachSupreme Court of The Virgin Islands · 2016
  2. Twanda Jones v. Morey’s Pier, Inc. (077502) (Cape May and Statewide)Supreme Court of New Jersey · 2017
  3. New Gold Equities Corp. v. Jaffe Spindler Co.New Jersey Superior Court Appellate Division · 2018
  4. Krzykalski v. TindallSupreme Court of New Jersey · 2018
  5. Ladenheim v. Starr Transit Co.District Court, E.D. Pennsylvania · 2017

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