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McGUINNESS v. WAKEFERN CORP.

257 N.J. Super. 339 (1991)

608 A.2d 447

JOHN MCGUINNESS, LINDA MCGUINNESS, DARRIN GOTTKO AND BRIDGET MCGUINNESS, AND INFANT, BY HER, G/A/L LINDA MCGUINNESS, INDIVIDUALLY, PLAINTIFFS, v. WAKEFERN CORPORATION D/B/A SHOP-RITE SUPERMARKETS, COLONIAL FOODS, INC., CAMPBELL SOUP COMPANY, ABC CORPORATION (A FICTITIOUS NAME), DEF CORPORATION (A FICTITIOUS NAME), JKL CORPORATION (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided November 15, 1991.

Attorney(s) appearing for the Case

Karen Lee, Javerbaum, Wurgaft & Hicks, Springfield, for plaintiffs John McGuinness, Bridget McGuinness and Darren Gottko.

Wendy S. Bornstein, Sommerville, for plaintiff Linda McGuinness.

Joseph Buttafuoco, Buttafuoco, Karpf & Arce, Kearny, for defendant Wakefern Corp.

Dominick Ciallella, Law Offices of Arthur Z. Charsinsky, Florham Park, for defendant Colonial Foods.

Michael R. McDonald, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, for defendant Campbell Soup Co.

Richard M. Chisholm, Sellar, Richardson, Stuart & Chisholm, P.C., Roseland, for defendant Sorrento Cheese Co., Inc.

MARGULIES, J.S.C.

The facts in this action apparently present a case of first impression in the state of New Jersey. On February 5, 1990, John McGuinness, Linda McGuinness, Darrin Gottko and Bridget McGuinness, members of the McGuinness Family, all ate a lasagna dish prepared by Linda McGuinness. On February 6, 1990, each member of the family began experiencing symptoms of severe nausea, vomiting, fever, diarrhea and general malaise. Thereafter, the family was treated...

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