PAUL F. WEINBERG, AND MILTON GROSS, T/A TWIN BRIDGE APARTMENTS, PLAINTIFFS-APPELLANTS,
v.
DENNIS DINGER AND SHIRLEY DINGER, HIS WIFE, ASSOCIATED DEVELOPERS, MILTON SCHWARTZ AND ASSOCIATES AND SYMES ENGINEERING, DEFENDANTS, AND PENNS GROVE WATER COMPANY, DEFENDANT-RESPONDENT.
STEVEN A. COLE AND BETTY L. COLE, HIS WIFE, PLAINTIFFS-APPELLANTS,
v.
DENNIS AND SHIRLEY DINGER, HIS WIFE, TOWNSHIP OF CARNEYS POINT, JOHN DOE, A FICTITIOUS NAME FOR THE BUILDING INSPECTOR OF THE TOWNSHIP OF CARNEYS POINT, COLONIAL MORTGAGE COMPANY, T/A TWIN BRIDGE APARTMENTS, ASSOCIATED DEVELOPERS, BALA CYNWYD, P.A., AND MILTON SCHWARTZ, DEFENDANTS, AND PENNS GROVE WATER COMPANY, DEFENDANT-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 8, 1985.
Reargued October 6, 1986.
Decided April 2, 1987.
Attorney(s) appearing for the Case
Susan M. Danielski argued the cause for appellants Paul F. Weinberg, et al. (Cozen and O'Connor, attorneys; Susan Danielski and Joshua Wall, on the briefs).
Mark L. Antin and Samuel A. Gennet argued the cause for appellants Steven A. Cole, et al. (Gennet and Kallmann, attorneys).
Joel A. Greenberg argued the cause for respondent (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys; Leonard C. Horn, of counsel).
Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for amicus curiae Department of the Public Advocate (Alfred A. Slocum, Public Advocate, attorney; Richard Shapiro, James Hirschhorn, Special Assistant, Division of Rate Counsel and Ida M. Castro, Assistant Deputy Public Advocate, on the brief).
William R. Holzapfel argued the cause for amicus curiae National Association of Water Companies, New Jersey Chapter (LeBoeuf, Lamb, Leiby & MacRae, attorneys; William R. Holzapfel, and Ruth A. Bosek, on the briefs).
Carla Vivian Bello, Deputy Attorney General, argued the cause for amicus curiae Board of Public Utilities (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
In this appeal we reconsider the longstanding New Jersey rule immunizing private water companies from liability for their negligence in failing to provide to fire hydrants water pressure of sufficient force to extinguish a fire. We now hold that private water companies are no longer immune from such liability, except with respect to subrogation claims asserted by fire-insurance companies.
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