McDERMOTT v. TENDUN CONSTRUCTORS, ROHR INDUSTRIES, INC.


211 N.J. Super. 196 (1986)

511 A.2d 690

CHRISTINE MCDERMOTT, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MICHAEL MCDERMOTT, AND CHRISTINE MCDERMOTT, AS PARENT AND GUARDIAN OF INFANT MICHELLE MCDERMOTT, AND CHRISTINE MCDERMOTT, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. TENDUN CONSTRUCTORS, ROHR INDUSTRIES, INC., ROHR INDUSTRIAL SYSTEMS, INC., ROHR CORPORATION, UNDERHILL CONSTRUCTION COMPANY, E.C. ERNST, INC., TERMINAL CONSTRUCTION COMPANY, DIC CONCRETE CORPORATION, NAGER ELECTRIC CO., INC., CONTROLMATION SYSTEMS, INC., AND LESTER B. KNIGHT AND ASSOCIATES, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1986.


Attorney(s) appearing for the Case

Milton D. Liebowitz argued the cause for appellant Christine McDermott (Liebowitz & Liebowitz, attorneys; Milton D. Liebowitz, of counsel and on the brief).

Richard J. Laiks argued the cause for respondents Tendun Constructors and Nager Electric Co., Inc. (Heller & Laiks, attorneys; Richard J. Laiks, of counsel and on the letter brief).

David J. Kenny argued the cause for respondent Lester B. Knight and Associates, Inc. (Schragger, Schragger & Lavine, attorneys; David J. Kenny, of counsel and on the brief).

Robert S. Bonney, Jr. argued the cause for respondents Rohr Industries, Inc., Rohr Industrial Systems, Inc. and Rohr Corporation (Evans, Koelzer, Osborne & Kreizman, attorneys; Robert S. Bonney, Jr., of counsel and on the brief).

Robert T. Hueston argued the cause for respondent E.C. Ernst, Inc. (Hueston, Hueston & Sheehan, attorneys; Robert T. Hueston, of counsel and on the letter brief).

Amy L. Wizda argued the cause for respondent Terminal Construction Company (Tolstoi & Tolstoi, attorneys; Maureen Lepochat, of counsel and on the brief).

John J. Scanlon argued the cause for respondent DIC Concrete Corporation (Scanlon & Robinson, attorneys).

Eugene J. McDonald, attorney for respondent Underhill Construction Company.

Archer & Greiner, attorneys for respondent Controlmation Systems, Inc.

Before Judges MICHELS, GAULKIN and STERN.


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

Plaintiff Christine McDermott, as General Administratrix and Administratrix ad prosequendum of the Estate of Michael McDermott, and Christine McDermott, as parent and guardian of infant Michelle McDermott, and Christine McDermott, individually, appeals from a summary judgment of the Law Division entered in favor of defendants and third-party defendants: (1) TENDUN Constructors (TENDUN); (2) Terminal...

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