MILLISON v. E.I. DU PONT DE NEMOURS & CO.


101 N.J. 161 (1985)

501 A.2d 505

WILLIAM B. MILLISON AND MARIE MILLISON, HIS WIFE; VERNON G. KRONMAIER AND DOROTHY KRONMAIER, HIS WIFE; HAROLD SCHWEBEL AND SUSAN SCHWEBEL, HIS WIFE; CLARENCE SCHWEBEL AND GERALDINE SCHWEBEL, HIS WIFE; FRANK BAPTISTE AND CATHERINE BAPTISTE, HIS WIFE; AND EDWARD B. AGAR AND EILEEN AGAR, HIS WIFE, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; WILLIAM E. NEELD, JR., M.D.; G.F. REICHWEIN, M.D.; AND ALBINAS SMULKSTYS, M.D., DEFENDANTS-RESPONDENTS, AND JOHNS-MANVILLE CORPORATION; OWENS-CORNING FIBERGLASS CORPORATION; KEENE CORPORATION; CELOTEX CORPORATION; RAYBESTOS-MANHATTAN CORPORATION; SEPCO CORPORATION; AMATEX CORPORATION; PHILLIP CAREY COMPANY; LIMPET CORPORATION; H.J. STEIN, M.D.; JOHN DOE, M.D.; RICHARD ROE, M.D.; JOHN DOE CORPORATION; AND RICHARD ROE CORPORATION, DEFENDANTS. EVAN TAYLOR AND ROSINA TAYLOR, HIS WIFE; JOSEPH J. KUCZMARSKI AND LOUISE KUCZMARSKI, HIS WIFE; JOHN STILL AND ANNA L. STILL, HIS WIFE; LOUIS WALAT AND CATHERINE WALAT, HIS WIFE; NORRIS M. HILDERBRAND AND HILDA HILDEBRAND, HIS WIFE; PASQUALE S. CHILLIRI, SR., AND MARY CHILLIRI, HIS WIFE; ANTONIO DIPIETRO; ROBERT MCKIBBIN AND ANNA MCKIBBIN, HIS WIFE; ROBERT TANNER AND ROSEMARY TANNER, HIS WIFE; LOUIS J. KIRSCH AND EDITH KIRSCH, HIS WIFE; HOWARD H. AMOS AND ANN AMOS, HIS WIFE; HAROLD KNORR AND ELEANOR KNORR, HIS WIFE; GEORGE SULLIVAN AND PAULINE SULLIVAN, HIS WIFE; LOUIS P. FAVERIO AND DOLORES FAVERIO, HIS WIFE; ARTHUR KIRNER AND MARGERY KIRNER, HIS WIFE; EARL STANTON AND MADELINE STANTON, HIS WIFE; DANIEL MULLEN AND SHIRLEY MULLEN, HIS WIFE; GEORGE MILTON GROSS AND ALICE M. GROSS, HIS WIFE; CALVIN R. SHAW AND DOLORES SHAW, HIS WIFE; PAUL DONALD LONG AND GRACE LONG, HIS WIFE; DAVID ROBERT RAMSEY AND VIRGINIA RAMSEY, HIS WIFE; AND EUGENE BLECKLEY, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; WILLIAM E. NEELD, JR., M.D.; G.F. REICHWEIN, M.D.; AND ALBINAS SMULKSTYS, M.D., DEFENDANTS-RESPONDENTS, AND JOHNS-MANVILLE CORPORATION; OWENS-CORNING FIBERGLASS CORPORATION; KEENE CORPORATION; CELOTEX CORPORATION; RAYBESTOS-MANHATTAN CORPORATION; SPECO CORPORATION; AMATEX CORPORATION; PHILLIP CAREY COMPANY; LIMPET CORPORATION; H.J. STEIN.M.D.; JOHN DOE, M.D.; RICHARD ROE, M.D.; JOHN DOE CORPORATION; AND RICHARD ROE CORPORATION, DEFENDANTS. EMMA F. GOLT, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF JAMES E. GOLT; MARIE M. POLLOCK, EXECUTRIX OF THE ESTATE OF MANUEL POLLOCK; AND MARY K. FERRETTI, EXECUTRIX OF THE ESTATE OF LEVIO P. FERRETTI, DECEASED, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; WILLIAM E. NEELD, JR., M.D.; AND G.F. REICHWEIN, M.D., DEFENDANTS-RESPONDENTS, AND JOHNS-MANVILLE CORPORATION; OWENS-CORNING FIBERGLASS CORPORATION; JOHN DOE(S), M.D.; AND JOHN DOE CORPORATIONS (1-30), DEFENDANTS. JOHN R. TAGGART AND ELEANOR TAGGART, HIS WIFE, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; WILLIAM E. NEELD, JR., M.D.; AND ALBINAS SMULKSTYS, M.D., DEFENDANTS-RESPONDENTS, AND JOHNS-MANVILLE CORPORATION; OWENS-CORNING FIBERGLASS CORPORATION; JOHN DOE, M.D.; RICHARD ROE, M.D.; AND JOHN DOE CORPORATIONS (1-20), DEFENDANTS. ORLANDO CAMELI AND ANN, HIS WIFE, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; G.F. REICHWEIN, M.D.; AND ALBINAS SMULKSTYS, M.D., DEFENDANTS-RESPONDENTS, AND JOHNS-MANVILLE CORPORATION; OWENS-CORNING FIBERGLASS CORPORATION; PHILLIP CAREY COMPANY; UNITED ASBESTOS & RUBBER CO., D/B/A UNACRO; JOHN DOE, M.D.; RICHARD ROE, M.D.; AND JOHN DOE CORPORATIONS (1-20), DEFENDANTS.

The Supreme Court of New Jersey.

Re-argued September 10, 1984.

Decided December 10, 1985.


Attorney(s) appearing for the Case

David Jacoby argued the cause for appellants (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; William Tomar, of counsel; James Katz, on the briefs).

Thomas L. Morrissey argued the cause for respondents (Carpenter, Bennett & Morrissey, attorneys; Rosemary A. Hall, on the briefs).

Verice M. Mason, Assistant Deputy Public Advocate, argued the cause for amicus curiae Public Advocate (Joseph H. Rodriguez, Public Advocate, attorney; Verice M. Mason and Michael L. Perlin, Special Counsel to the Commissioner, of counsel and on the brief).

Sebastian P. Lombardi submitted a brief on behalf of amicus curiae Edwin Davis Merrill, M.D., (Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).


The opinion of the Court was delivered by CLIFFORD, J.

The New Jersey Workers' Compensation Act, N.J.S.A. 34:15-1 to -128 (Compensation Act), contains an exclusive-remedy provision in N.J.S.A. 34:15-8. The issue in these consolidated cases is whether that provision precludes employees who have suffered occupational diseases from maintaining a separate tort action against their employer and against company physicians. The employees charge the employer...

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