KANE v. HARTZ MOUNTAIN INDUSTRIES


278 N.J. Super. 129 (1994)

650 A.2d 808

JOHN KANE, PLAINTIFF-APPELLANT, v. HARTZ MOUNTAIN INDUSTRIES, INC., HARTZ MOUNTAIN DEVELOPMENT CORP., HARTZ-CLAIBORNE LIMITED PARTNERSHIP, LIZ CLAIBORNE, INC., NACAMULI ASSOCIATES, JOSEPH ROMEO, KENNETH CARL BONTE, KEITH A. MICHAELS, JOHN DOES, DEFENDANTS-RESPONDENTS. HOWELL STEEL, INC., DEFENDANT-RESPONDENT-THIRD-PARTY PLAINTIFF, v. EASTERN STEEL ERECTORS, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1994.


Attorney(s) appearing for the Case

Thomas A. Kalapos, argued the cause for the appellant (Atkinson & DeBartolo, attorneys; Mr. Kalapos, of counsel and on the brief).

Frank Zazzaro, argued the cause for respondents Hartz Mountain Industries, Inc., Hartz Mountain Development Corp., Hartz-Claiborne, L.P., Joseph Romeo, Kenneth Bonte and Keith Michaels (Waters, McPherson & McNeill, attorneys; Kenneth D. McPherson, Jr., on the brief).

Rebecca Mulligan, argued the cause for respondent Howell Steel Service, Inc. (Donington, Karcher, Salmond, Ronan & Rainone, attorneys; Susan S. Rankin, on the brief).

Bradley M. Wilson, argued the cause for respondent Nacamuli Associates (Feuerstein, Sachs, Maitlin, Fleming & Greene, attorneys; Mr. Wilson, on the brief).

Sean F. Colquhoun, argued the cause for respondent Eastern Steel Erectors Inc. (Colquhoun & Colquhoun, attorneys; Sean F. Colquhoun, on the brief).

Before Judges SHEBELL, SKILLMAN and WALLACE.


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

In this personal injury action, plaintiff appeals from an adverse jury verdict. On December 20, 1985, plaintiff, John Kane, was severely and permanently injured, while working as an iron worker, when he fell from a beam. The beam was part of a structural steel frame being erected by his employer, Eastern Steel Erectors (Eastern), for a warehouse being constructed for Hartz-Claiborne Limited Partnership (Hartz...

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