CATERINICCHIO v. PITTSBURGH CORNING CORP.


127 N.J. 428 (1992)

605 A.2d 1092

PETER CATERINICCHIO AND ANNE CATERINICCHIO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. PITTSBURGH CORNING CORP., PITTSBURGH CORNING CORP., AS SUCCESSOR-IN-INTEREST TO UNARCO INDUSTRIES, INC., A.P. GREEN REFRACTORIES CO., SUBSIDIARY OF U.S. GYPSUM, METROPOLITAN REFRACTORIES, DIVISION OF A.P. GREEN REFRACTORIES CO., M.W. KELLOGG CONSTRUCTORS, QUIGLEY CO., SUBSIDIARY OF PFIZER, INC., MADSEN & HOWELL, INC., JOHN DOE $ 1 TO $ 15 (FIFTEEN UNIDENTIFIED MANUFACTURERS AND SUPPLIERS OF ASBESTOS FIBER AND ASBESTOS COVERED EQUIPMENT TO PLAINTIFF'S PLACE OF EMPLOYMENT), DEFENDANTS. PETER CATERINICCHIO AND ANNE CATERINICCHIO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CAREY CANADA, INC., A/K/A CAREY CANADIAN MINES, PHILIP CAREY, PHILIP CAREY MFG. CO., CELOTEX, CELOTEX, AS SUCCESSOR-IN-INTEREST TO PHILIP CAREY AND PHILIP CAREY MFG. CO., EAGLE-PICHER INDUSTRIES, GAF, RUBEROID, GAF, AS SUCCESSOR-IN-INTEREST TO RUBEROID, ARMSTRONG WORLD INDUSTRIES, ARMSTRONG CONTRACTING & SUPPLY, ROBERT A. KEASBEY CO., OWENS-ILLINOIS, INC., OWENS-CORNING FIBERGLASS, WOOLSULATE, COMBUSTION ENGINEERING, BABCOCK & WILCOX, C.F. BRAUN, FOSTER WHEELER, ACE ASBESTOS, EMPIRE ACE, GARLOCK, JOHN DOE $ 1 TO $ 50 (FIFTY UNIDENTIFIED MANUFACTURERS, SUPPLIERS AND INSTALLERS OF ASBESTOS, ASBESTOS FIBER AND ASBESTOS COVERED EQUIPMENT TO PLAINTIFF'S PLACES OF EMPLOYMENT), DEFENDANTS, AND H.W. PORTER, A/K/A PORTER-HAYDEN CO., INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 6, 1992.


Attorney(s) appearing for the Case

Ronald B. Grayzel argued the cause for appellants (Levinson, Axelrod, Wheaton & Grayzel, attorneys).

Andrew T. Berry argued the cause for respondent (McCarter & English and Ozzard, Wharton, Rizzolo, Klein, Mauro, Savo & Hogan, attorneys; Nathan A. Schachtman, of counsel; Mr. Schachtman and Roseanne C. Kemmet, on the briefs).

George W. Conk submitted a brief on behalf of amicus curiae ATLA-NJ (Tulipan, Goldman & Conk, attorneys; Mr. Conk and Judith Kimerling, on the brief).


The opinion of the Court was delivered by POLLOCK, J.

In this appeal, as in Landrigan v. Celotex Corp., 127 N.J. 404, 605 A.2d 1079 (1992), also decided today, we consider the applicable rules for the admission of expert testimony in toxic-tort litigation. The specific issue is whether the trial court was correct in striking as an inadmissible "net opinion...

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