RONALD G. BORTZ AND BARBARA BORTZ, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS,
v.
CHESTER RAMMEL, MAURICETOWN FIRE COMPANY, SMITH & RICHARDS LUMBER COMPANY, A NEW JERSEY CORPORATION, COMMERCIAL TOWNSHIP (CUMBERLAND COUNTY), WARREN HOLLINGER, RICHARD POLHAMUS, CONCORD FABRICATORS, A NEW JERSEY CORPORATION, KENNETH CLARK, WALTER SHARP AND FREDERICK H. HANDT, JR., DEFENDANTS AND THIRD PARTY PLAINTIFFS,
v.
TRUSWAL SYSTEMS, INC., A CORPORATION OF CALIFORNIA AND ISAAC SHEPPARD, JR., P.E., THIRD-PARTY DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 23, 1977.
Decided July 1, 1977.
Attorney(s) appearing for the Case
Mr. Sheldon C. Schulman argued the cause for appellants (Messrs. Tuso and Gruccio, attorneys; Mr. Sheldon C. Schulman on the brief).
Mr. Lewis B. April argued the cause for respondent Chester Rammel (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys; Mr. Lewis B. April and Ms. Mary M. Reiss on the brief).
Mr. Ernest F. Picknally argued the cause for respondents Mauricetown Fire Company, Walter Sharp and Frederick H. Handt, Jr. (Messrs Schuenemann, Gercke & Picknally, attorneys; Mr. Ernest F. Picknally on the brief).
Mr. J. Peter Davidow argued the cause for respondent Smith & Richards Lumber Company.
Mr. Mark Soifer argued the cause for defendants-respondents, Commercial Township and Warren Hollinger (Messrs. Horn, Weinstein & Kaplan, attorneys; Mr. David A. Spitalnick of counsel and on the brief).
Mr. James E. Franklin II argued the cause for respondent Concord Fabricators (Messrs. Lloyd, Megargee, Steedle & Connor, attorneys; Mr. James E. Franklin II on the brief).
Mr. Barry A. Perlow argued the cause for respondent Kenneth Clark (Messrs. Horuvitz, Perlow & Ritter, attorneys; Mr. Barry A. Perlow on the brief).
Mr. Martin L. Pagliughi submitted a letter in lieu of brief for Isaac Sheppard, Jr., P.E., third party defendant (Messrs. Adamo & Pagliughi, attorneys).
Before Judges FRITZ, ARD and PRESSLER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PRESSLER, J.A.D.
This is a personal injury action brought by plaintiffs Ronald G. Bortz and his wife Barbara Bortz, who sued per quod, seeking recovery for the serious injuries sustained by plaintiff husband in a building construction accident. The action, which is based on a variety of negligence, strict liability in tort and warranty theories, names ten separate defendants, each of whose conduct is alleged to have...
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