NJ Justices Toss Construction Liability Appeal Post-Argument (1)

May 11, 2026, 6:07 PM UTCUpdated: May 11, 2026, 8:20 PM UTC

In a rare order the New Jersey Supreme Court threw out a case after hearing oral arguments, putting aside the chance to resolve a split over liability tests for construction worksite injuries.

In a May 5 order released Monday, Chief Justice Stuart Rabner dismissed the case as “improvidently granted,” a maneuver that former New Jersey State Bar Association President William H. Mergner Jr. advocated for during an April argument.

While the attorney for a worker injured by an excavator on the New York-New Jersey Goethals Bridge project sought stronger liability rules for general contractors. NY-NJ Link, the defendant, advised the ...

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