KOSTER v. SCOTCH ASSOCIATES


273 N.J. Super. 102 (1993)

640 A.2d 1225

ARNOLD KOSTER, LENORE KOSTER, AMANDA KOSTER AND MARCIE RABIN, PLAINTIFFS, v. SCOTCH ASSOCIATES, CHARLIE O'S, ET AL., DEFENDANTS. RICHARD REISS AND DEBORAH REISS, PLAINTIFFS, v. SCOTCH ASSOCIATES AND/OR CHARLIE O'S, INC., ET AL., DEFENDANTS. STANLEY ELLIOTT AND MYRLTE ELLIOTT, PLAINTIFFS, v. WILLIAM P. MCCORMICK AND CHARLIE O'S, INC., A NEW JERSEY CORPORATION, DEFENDANTS. DWAYNE WARREN, TODD WARREN, MANUEL KREUGER, LILLIAN KREUGER, TERI KREUGER, HARRISE KREUGER AND IRA LEVINSTON, PLAINTIFFS, v. SCOTCH ASSOCIATES, CHARLIE O'S, INC. AND WILLIAM MCCORMICK T/A SMUGGLER'S COVE AND FRANK GARGUILO AND SONS, DEFENDANTS. PAULETTE FERGUSON, MICHAEL FERGUSON AND MARIA FERGUSON, PLAINTIFFS, v. SCOTCH ASSOCIATES AND/OR CHARLIE O'S, INC. T/A AND/OR SMUGGLER'S COVE, DEFENDANTS. STANLEY MARKO, PLAINTIFF, v. SMUGGLER'S COVE, INC., JOHN DOE, INC., SCOTTY McCORMICK T/A SMUGGLER'S COVE, ET AL., DEFENDANTS. CHARLIE O'S, INC., AND WILLIAM MCCORMICK, DEFENDANTS/THIRD-PARTY PLAINTIFFS, v. FRANK GARGUILO AND FRANK GARGUILO & SON, THIRD-PARTY DEFENDANTS. OREST PELECHATY AND SUSAN VELICOFF, HIS WIFE, PLAINTIFFS, v. SCOTCH ASSOCIATES, AND CHARLIE O'S, INC. T/A SMUGGLER'S COVE, ET AL., DEFENDANTS/THIRD-PARTY PLAINTIFFS, v. FRANK GARGUILO AND FRANK GARGUILO & SONS, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided December 3, 1993.


Attorney(s) appearing for the Case

Cornelius W. Caruso, for plaintiffs Arnold, Lenore and Amanda Koster, Marcie Rabin and Richard and Deborah Reiss (Ravitch, Koster, Tobin, Oleckna, Reitman & Greenstein, attorneys).

Patricia F. Hernandez, for plaintiffs Stanley and Myrtle Elliott, and Paulette, Michael and Maria Ferguson (Stender & Hernandez, attorneys).

M. Stanley Susskind, for plaintiff Stanley Marko (Susskind & Susskind, attorneys).

Judith DeRosa, for plaintiffs Orest Pelechaty and Susan Velicoff (Conti, Kuhrt & Femia, attorneys).

Andrew R. Jacobs, for plaintiffs Dwayne and Todd Warren, Manuel, Lillian, Teri and Harrise Kreuger and Ira Levinston (Fitzsimmons, Ringle & Jacobs, attorneys).

Marc S. Gaffrey, for third-party defendants, Frank Garguilo and Frank Garguilo & Sons (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

Isaac Henkoff, defendants/third-party plaintiffs, Scotch Associates, Charlie O's, Inc., t/a Smuggler's Cove and William McCormick (Chapman, Henkoff, Kessler, Peduto & Saffer, attorneys).


OPINION

MENZA, J.S.C.

Plaintiffs move for summary judgment. The question presented in this case is whether a restaurant is strictly liable for serving adulterated food. This precise issue has not been decided in New Jersey.

All of the plaintiffs suffered food poisoning from salmonella enteritidis (hereinafter salmonella) after having dined at the defendant's restaurant on five separate days in May 1990. The plaintiffs were all served different...

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