SULLIVAN v. COMBUSTION ENGINEERING


248 N.J. Super. 134 (1991)

590 A.2d 681

ALBERT E. SULLIVAN AND PATRICIA SULLIVAN, HIS WIFE, PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, v. COMBUSTION ENGINEERING; G.A.F. CORP., SUCCESSOR TO RUBBEROID CO.; GARLOCK, INC.; ARMSTRONG WORLD INDUSTRIES, INC.; EAGLE PICHER INDUSTRIES; OWENS CORNING FIBERGLASS CORP.; KEENE CORP., SUCCESSOR TO BALDWIN-EHRET-HILL, INC.; BABCOCK & WILCOX CO.; CHARLES F. GUYON; QUIGLEY; PITTSBURGH CORNING CORP., IN ITSELF AND AS SUCCESSOR TO UNARCO; PORTER HAYDEN CO.; PACOR A/K/A PHILADELPHIA ASBESTOS CORP.; J.H. FRANCE REFRACTORIES CO.; LYNDHURST METALS CORP.; PREVIOUSLY QC CORP.; B & D MANUFACTURING CO.; HOLMES INSULATION LIMITED; CELOTEX CORP.; IN ITSELF AND AS SUCCESSOR TO PHILIP CAREY MFG. CO.; FLINTKOTE CO.; RAYMARK INDUSTRIES, INC., SUCCESSOR TO RAYBESTOS-MANHATTAN; DELAWARE INSULATION COMPANY; DRESSER INDUSTRIES, INC.; FLEXITALLIC GASKET COMPANY; ROCK WOOL MANUFACTURING COMPANY; H.K. PORTER COMPANY, INC.; ATLAS TEXTILES; NICOLET INDUSTRIES, INC., IN ITSELF AND AS SUCCESSOR TO KEASBEY & MATTISON COMPANY; INDUSTRIAL SUPPLIES COMPANY; ANCHOR PACKING; E-Z CO.; J.W. ROBERTS LTD., A DIVISION OF TURNER & NEWALL, LTD.; ACANDS, INC.; JOHN DOE, INDIVIDUALLY AND AS A CORPORATION (FICTITIOUS NAME), DEFENDANTS, AND OWENS ILLINOIS, INC., AND FIBREBOARD CORPORATION, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1991.


Attorney(s) appearing for the Case

Joshua M. Spielberg argued the cause for appellants/cross-respondents (Tomar, Simonoff, Adourian & O'Brien, attorneys; Joshua M. Spielberg on the brief; Joshua M. Spielberg and Patrice A. Gillotti, on the reply brief).

Andrew Berry argued the cause for respondents/cross-appellants (McCarter & English, attorneys; Michael A. Tanenbaum, of counsel; John C. Garde and Rosanne C. Kemmet, on the brief; John C. Garde, Rosanne C. Kemmet and Lynda Calderone, on the reply brief).

Before Judges ANTELL, O'BRIEN and SCALERA.


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

This personal injury suit was brought by Albert E. Sullivan (plaintiff) and Patricia Sullivan, his wife, against various manufacturers and distributors of certain asbestos products to which plaintiff was exposed for a period of 33 years during the course of his employment. As a result of his exposure plaintiff developed thickening of the pleural lining of his...

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