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RUBANICK v. WITCO CHEMICAL CORP.

242 N.J. Super. 36 (1990)

576 A.2d 4

PATRICIA RUBANICK, EXECUTRIX OF THE ESTATE OF RONALD G. RUBANICK, AND PATRICIA RUBANICK, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR DAMIEN RUBANICK AND RONALD C. RUBANICK, INFANTS, PLAINTIFFS-APPELLANTS, v. WITCO CHEMICAL CORP., DEFENDANT, AND MONSANTO CO., DEFENDANT-RESPONDENT. OMBRA DEMAIO, EXECUTRIX OF THE ESTATE OF ANTHONY DEMAIO AND OMBRA DEMAIO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. WITCO CHEMICAL CORP., DEFENDANT, AND MONSANTO CO., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1990.

Attorney(s) appearing for the Case

Alfred A. Russo, argued the cause for appellants (Russo & Casey, attorneys; Alfred A. Russo of counsel; Timothy M. Casey on the brief).

William S. Tucker, Jr., argued the cause for respondent (Stryker, Tams & Dill, attorneys; Edith K. Payne of counsel and on the brief).

Before Judges PETRELLA, HAVEY and STERN.

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

In these toxic tort cases, consolidated for purposes of this appeal, plaintiffs appeal from orders for summary judgment which dismissed their respective wrongful death actions against defendant Monsanto Company. Plaintiffs' respective decedents, Ronald G. Rubanick and Anthony DeMaio, had been employed at the Witco Chemical1 plant in Perth Amboy during a period when the Witco...

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