John M. Becker
Experienced Legal Counsel for Architects, Engineers, Surveyors, LSRPs
& Construction Related Professionals
TAYLOR v. DeLOSSO
319 N.J.Super. 174 (App.Div. 1999)
This case involved a business owner that sued his architects and surveyor to recover costs arising from a site plan that mis-located a tree that adversely impacted the development of the site. The Superior Court, Law Division, Cape May County, entered a judgment on jury verdict after trial against the architects, and in favor of the surveyor. Robert Thompson, on behalf of the architects successfully appealed the jury verdict. The Superior Court, Appellate Division, in an opinion authored by Judge Havey, P.J.A.D., held that: (1) the owner's expert's testimony that architect should have visited property to confirm location of tree included on survey was net opinion, and (2) the architect owed no duty to owner to visit property to confirm tree's location. The jury verdict was reversed and case was remanded to the trial court for dismissal.