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SMITH v. SQUIBB CORP.

254 N.J. Super. 69 (1992)

603 A.2d 75

DAVID T. SMITH AND MARIE SMITH, PLAINTIFFS-APPELLANTS, v. SQUIBB CORPORATION, A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY; SURGICOT, INC., A SQUIBB COMPANY, A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY; AND ERNEST MARIO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Stephen J. Edelstein argued the cause for appellant (Schwartz, Pisano, Simon & Edelstein, attorneys; Stephen J. Edelstein and Michael S. Rubin on the brief).

Stuart M. Feinblatt argued the cause for respondent (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Barry M. Epstein of counsel; Stuart M. Feinblatt and Scott N. Rubin on the brief).

Before Judges J.H. COLEMAN and KEEFE.

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

The issue raised in this appeal is whether Shebar v. Sanyo Business Systems Corp., 111 N.J. 276, 288-289, 544 A.2d 377 (1988) should be applied retroactively or prospectively. We hold that it should be applied retroactively.

This is the second appeal in this case in which David T. Smith (plaintiff) has alleged wrongful termination...

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