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- Andrew Carlowicz, Jr., Esq. and Richard Gaeckle, Esq. Receive a Victory on Appeal
Andrew Carlowicz, Jr., Esq. and Richard Gaeckle, Esq. Receive a Victory on Appeal12.27.2011
On December 21, 2011, the Superior Court of New Jersey, Appellate Division affirmed the successful jury verdict decision obtained by Andrew J Carlowicz, Jr with the assistance of Richard Gaeckle, both Partners in the Construction Law Department, during a trial conducted between June 22 and July 2, 2009 that involved allegations by the plaintiff/owner, Egg Harbor Board of Education, of defects directed at both the design and construction of a water retention basin at the Dr. Joyanne D. Miller Elementary School. The trial verdict completely exonerated the engineering firm, Schaeffer Nassar Scheidegg Consulting Engineers, LLC that had been represented by Messers Carlowicz and Gaeckle. The jury concluded that the general contractor, Tamburro Brothers, was solely liable for the defects in the basin. An Appeal was filed by the general contractor from the order for judgment that had been entered on October 19, 2009 in the civil trial action brought by plaintiff/owner. Richard Gaeckle and Andrew Carlowicz submitted a Legal Brief in Opposition to the Appeal brought by Tamburro, and Richard Gaeckle argued before the Appellate Division on behalf their client, Schaeffer Nassar Scheidegg. The Appellate Division unanimously upheld the trial court decision that Schaeffer Nassar Scheidegg were not liable for the malfunction of the basin, and therefore, not at all responsible for the jury award of $250,000 that was rendered against Tamburro Brothers by the jury.