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HALL v. LUBY CORP.

232 N.J. Super. 337 (1989)

556 A.2d 1317

JOYCE HALL, INDIVIDUALLY, AND AS ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF SHARONDA COLWELL, DECEASED; HAKIM COLWELL, AN INFANT BY HIS GUARDIAN AD LITEM, JOYCE HALL: AND SALEEM COLWELL, AN INFANT BY HER GUARDIAN AD LITEM, JOYCE HALL, PLAINTIFFS, v. LUBY CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY; LARRY MC NEIL, INDIVIDUALLY; OTIS ELEVATOR COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided January 31, 1989.

Attorney(s) appearing for the Case

No appearance for plaintiffs.

Howard M. Davis for defendant Larry McNeil.

Abraham Kinstlinger for defendant Luby Corporation.

Howard I. Braff for defendant Otis Elevator Company (Braff, Ertag, Wortmann, Harris & Sukoneck, attorneys).

VILLANUEVA, J.S.C.

This is a personal injury action against the owner of an apartment building and the designer and installer of the elevator where the accident occurred.

Defendant Otis Elevator Company, who designed, constructed and installed the elevator 58 years before the accident in question, moves for summary judgment to dismiss the complaint and cross claims against it.

The issue is whether one who designs, fabricates and installs an elevator...

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