SEMEXANT v. MIL LTD. & BOSTON MACHINERY DIVISION


252 N.J. Super. 318 (1991)

599 A.2d 935

ROLAND SEMEXANT, PLAINTIFF, v. MIL LIMITED — BOSTON MACHINERY DIVISION, AND/OR MIL LIMITED — TELEDYNE FARRIS ENGINEERING, A DIVISION OF TELEDYNE INDUSTRIES, INC. (IMPROPERLY PLEADED AS MIL LIMITED AND/OR TELEDYNE FARRIS ENGINEERING — UNIVERSAL MACHINE DIVISION AND/OR TELEDYNE FARRIS ENGINEERING) — UNIVERSAL MACHINE DIVISION AND/OR ABC CORPORATION, A FICTITIOUS NAME, ACTUAL IDENTITY PRESENTLY UNKNOWN TO THE PLAINTIFF, AND/OR DEF DISTRIBUTING CORP., A FICTITIOUS NAME, ACTUAL NAME PRESENTLY UNKNOWN TO PLAINTIFFS, AND/OR GHI SERVICING CORP., A FICTITIOUS NAME, ACTUAL NAME PRESENTLY UNKNOWN TO PLAINTIFFS, DEFENDANTS. TELEDYNE FARRIS ENGINEERING, A DIVISION OF TELEDYNE INDUSTRIES, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. SILVATRIM CORP. OF AMERICA, THIRD-PARTY DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1991.


Attorney(s) appearing for the Case

Michael J. Marone argued the cause for appellant-cross-respondent Silvatrim (McElroy, Deutsch & Mulvaney, attorneys; Michael J. Marone, of counsel and on the brief).

Joseph DiRienzo, argued the cause for respondent-cross-appellant Teledyne Farris Engineering (DiRienzo, Wallerstein & Fellman, attorneys; Joseph DiRienzo, on the brief).

Before Judges ANTELL, LONG and THOMAS.


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

This appeal arises from a personal injury sustained by plaintiff during the course of his employment with Silvatrim Corp. of America (hereinafter "Silvatrim"). Alleging that at the time of the accident he was working on an industrial machine negligently designed, manufactured and distributed by defendants MIL Limited — Boston Machinery Division (hereinafter "MIL"), and Teledyne Farris Engineering (hereinafter...

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