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SANNA v. NATIONAL SPONGE CO.

209 N.J. Super. 60 (1986)

506 A.2d 1258

LOUIS SANNA AND JOSEPHINE SANNA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. NATIONAL SPONGE COMPANY AND XYZ COMPANY (A FICTITIOUS NAME) DEFENDANTS-RESPONDENTS AND NATIONAL SPONGE COMPANY, DEFENDANT-THIRD PARTY PLAINTIFF v. JOHN S. SINCAK & COMPANY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Gerald R. Stockman argued the cause for appellants (Stockman, O'Donnell & Sypek, attorneys; Maria Marinari Sypek, on the brief).

Charles A. Delehey argued the cause for respondent National Sponge Company (Lenox, Giordano, Devlin, Delehey & Socey, attorneys; Paul N. Daly and Charles A. Delehey, on the brief).

Before Judges KING, SIMPSON and SCALERA.

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

In this case the defendant, a sponge-rubber carpet cushion manufacturer, hired plaintiff's employer, John Sincak & Company (JSC), an independent contractor, to insulate a room in its factory in Trenton. While doing this work, plaintiff was injured when a makeshift scaffold collapsed. At the end of the plaintiff's case, the judge granted a judgment of involuntary dismissal. R. 4:37-2(b). We conclude...

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