Wrongful Death Case Against Homeowners Dismissed in Fatal New Jersey Ladder Fall Construction Accident

Jeremias Garcia was installing a roof on a new home construction when he fell from a ladder, sustaining catastrophic injuries that rendered him a quadriplegic. Mr. Garcia later died from his injuries. Michael Keefe was appointed to prosecute the wrongful death lawsuit brought against the construction companies and the homeowners.

At trial, the Superior Court of New Jersey granted the homeowners’ motion for summary judgment, deciding that as a matter of law they were not liable for Mr. Garcia’s injuries or death. Travelers Indemnity appealed this decision, arguing that there was a question that should be tried regarding whether the homeowners were acting as general contractor on the project and should be held liable for negligently hiring an incompetent subcontractor.

The Appellate Division agreed with the motion judge and upheld the summary judgment. In the decision of MICHAEL KEEFE AND TRAVELERS INDEMNITY COMPANY v. CENTER STREET BUILDERS INC AND LAWRENCE AND WENDY WILT, the court held that the evidence overwhelmingly established Center Street Builders (CSB) as the general contractor and not the homeowners. For one thing, there was a written contract between the homeowners and CSB designating CSB as the general contractor. In addition, proposals for work from subcontractors were submitted to CSB and not to the homeowners. Finally, the checks issued on the project showed that the homeowners paid CSB and CSB paid the suppliers and the subs, as a general contractor would.

A general contractor has a non-delegable duty to maintain a safe workplace under New Jersey law. Since CSB has been established as the general, the wrongful death case should proceed against CSB for liability and damages.