CAIAZZA v. BALLY MFG., INC.


210 N.J. Super. 7 (1986)

509 A.2d 187

LUISA CAIAZZA, ET AL., PLAINTIFFS-RESPONDENTS, v. BALLY MANUFACTURING, INC. AND/OR CORPORATION, ET AL., DEFENDANTS-APPELLANTS. SIX FLAGS CORPORATION, GREAT ADVENTURE, INC., JOHN RIMAKIS AND JOHN DOE, PLAINTIFFS-APPELLANTS, v. LUISA CAIAZZA, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1986.


Attorney(s) appearing for the Case

Mark D. Larner and Irene A. Sullivan argued the cause for appellants Bally Manufacturing, Inc., Six Flags Corporation and Great Adventure, Inc. (Budd, Larner, Kent, Gross, Picillo, Rosenbaum, Greenberg & Sade; Skadden, Arps, Slate, Meagher & Flom; Wilbert & Montenegro, attorneys; Sheila L. Birnbaum and Irene A. Sullivan, of counsel; David R. Gross and David J. Novack, on the brief).

Jeffrey Speiser argued the cause for appellant David Paltzik (Hellring, Lindeman, Goldstein & Siegel, attorneys).

John A. Brogan argued the cause for appellant Larry Cochran (Walder, Sondak, Berkeley & Brogan, attorneys).

Harold Corley White argued the cause for appellants John Rimakis and John Doe (Starkey, Kelly, Blaney & White, attorneys).

John L. Weichsel argued the cause for respondent-representative of Harrison.

Russell G. Cheek argued the cause for respondents-representatives of Valentin, Rodriguez, Ruiz and Carrion.

Joel M. Miklacki argued the cause for respondent-representative of Beyroutey (Feinstein, Bitterman & Schey, attorneys; Miles Feinstein, on letter-brief).

Before Judges PRESSLER, DREIER and BILDER.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

These consolidated appeals, taken on leave granted, arise out of the notorious fire of May 11, 1984 which took the lives of eight young people in the "Haunted House" of Great Adventure Amusement Park in Jackson Township. The issue before us involves the availability to plaintiffs in the ensuing wrongful death actions of evidence which had been gathered by...

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