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FREUND v. CELLOFILM PROPERTIES, INC.

87 N.J. 229 (1981)

432 A.2d 925

ELMER FREUND AND CAROL FREUND, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CELLOFILM PROPERTIES, INC., A BODY CORPORATE; "U" VAULT COMPANY, INC., A BODY CORPORATE; VINING BROOM COMPANY, A BODY CORPORATE; HANOVER INSURANCE COMPANY; STATE OF NEW JERSEY, A BODY MUNICIPAL; AND BOROUGH OF WOODRIDGE, A BODY MUNICIPAL, DEFENDANTS. and HERCULES, INC., A BODY CORPORATE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 30, 1981.

Attorney(s) appearing for the Case

Mark D. Larner argued the cause for appellants (Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Thomas L. Morrissey argued the cause for respondent (Carpenter, Bennett & Morrissey, attorneys; Rosemary J. Bruno and John P. Dwyer, on the brief).

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

Plaintiff, Elmer Freund, suffered extensive second and third degree burns in an industrial accident at his employer's paint manufacturing plant. At the time of the accident, Freund was assisting two fellow employees in preparing a large paint mixer for cleaning. As one of the workers swept a commercial chemical dust, nitrocellulose, from the area of the mixer, the chemicals suddenly ignited.

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