Client: Vin-Rick Builders, LLC
Court: Essex County Superior Court
Trial Attorney: Christopher J. Hoare, Esq.
Brief Attorney: Nuo Jiang, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Matter Caption: Guerini v. Vin-Rick Builders and Hutch Grove Enterprises, et al.
Plumber (47 yrs. old) fell from unguarded stairs while carrying a bathtub suffering significant lumbar and cervical disc herniations. Plaintiff sued client Vin-Rick and co-defendant project owner-developer. Plaintiff underwent four (4) spine operations and fusions. Motion for Summary Judgment was denied due to factual issue as to which defendant was acting as the de facto general contractor on the project as of date of accident. Client Vin-Rick’s owner was deceased prior to his deposition.
Defense presented circumstantial evidence at trial which proved to the jury that the co-defendant Hutch Grove Enterprises was acting as the de facto general contractor as of date of accident. See: Costa v. Gaccione, 408 N.J. Super. 362 (App. Div. 2009). Elements of control by general contractor include: hiring sub contractors, purchasing material, paying for permits, and supervising of sub-contractors. After 45 minutes, the jury returned a verdict of no-cause in favor of Vin-Rick Builders, LLC and awarded Plaintiff $1.8M against codefendant Hutch Grove Enterprises.
