BECKER v. BARON BROS.


138 N.J. 145 (1994)

649 A.2d 613

EDITH BECKER, AS ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ALBERT BECKER, PLAINTIFF-RESPONDENT, v. BARON BROTHERS, COLISEUM AUTO PARTS, INC.; D & M AUTO PARTS; C & M AUTOMOTIVE WAREHOUSE, INC.; COUNTY AUTO PARTS; R & B AUTO SUPPLY; UNITED MOTORS PARTS, INC.; PARTS PLACE; TENAFLY FOREIGN & DOMESTIC CARS, INC.; MAREMONT, INC.; NUTURN, INC.; NATIONAL BRAKE BLOCK, INC.; SMS AUTOMOTIVE PRODUCTS, INC.; CONSOLIDATED UNIT; MORAK; ALLENDALE AUTOMOTIVE ENTERPRISE; MOTOR AGE WAREHOUSE; SUPREME AUTOMOTIVE WAREHOUSE; AUTOMOTIVE SYSTEMS, INC.; STATE CAR AND TRUCK PARTS WAREHOUSE; WHITE PLAINS/BWP DISTRIBUTORS, INC.; UCI DISTRIBUTION CENTER/UCI WAREHOUSE WESTCHESTER; RAYMARK CORPORATION AND RAYMARK INDUSTRIES, INC., AS SUCCESSOR TO RAYBESTOS-MANHATTAN; BENDIX CORPORATION; MOPAR; FORD MOTOR COMPANY; ABC; BORG WARNER; RAYLOC; EIS; WAGNER; PRIVATE BRANDS; VERA IMPORTED PARTS; SANYO AUTOMOTIVE; INTERCO PARTS CORPORATION; LUCAS INDUSTRIES INC.; I.A.P. IMPORTED PARTS; COLUMBIA MOTORS CORPORATION; GLOBE AUTO IMPORTS; EPE, INC.; AND JOHN DOE CORPORATIONS (A FICTITIOUS NAME REPRESENTING ONE OR MORE SUPPLIERS OR DISTRIBUTORS OF ASBESTOS CONTAINING PRODUCTS TO PLAINTIFF'S EMPLOYERS); AND RICHARD ROE CORPORATIONS (A FICTITIOUS NAME REPRESENTING ONE OR MORE MANUFACTURERS, OF ASBESTOS CONTAINING PRODUCTS), DEFENDANTS, AND GENERAL MOTORS CORPORATION (ORIGINALLY IMPLEADED AS DELCO) AND ENGLEWOOD BRAKE CO., INC., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 15, 1994.


Attorney(s) appearing for the Case

Rudy B. Coleman argued the cause for appellant (Carpenter, Bennett & Morrissey, attorneys; Mr. Coleman and Rosemary Alito, of counsel; Ms. Alito and Bonnie E. Bershad, on the briefs).

Robert E. Mensel on behalf of appellant Englewood Brake Co., Inc., relies on the briefs and argument presented on behalf of appellant General Motors Corporation (Hanlon, Lavigne, Herzfeld & Rubin, attorneys).

Bryan D. Garruto argued the cause for respondent (Garruto, Galex & Cantor, attorneys; Mr. Garruto and Frances A. Tomes, of counsel; Mr. Tomes, on the brief).

Thomas F. Campion argued the cause for amicus curiae, Allied Signal, Inc. (Shanley & Fisher, attorneys).


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

On the strength of Beshada v. Johns-Manville Products Corp., 90 N.J. 191, 447 A.2d 539 (1982), the Appellate Division ruled that all asbestos products marketed without warnings are defective as a matter of law. It therefore affirmed the judgment of the Law Division, entered on a verdict by a jury...

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