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GOSS v. AMERICAN CYANAMID, CO.

278 N.J. Super. 227 (1994)

650 A.2d 1001

EDWARD GOSS, PLAINTIFF-RESPONDENT, v. AMERICAN CYANAMID, CO., CELOTEX, INDIVIDUALLY AND AS SUCCESSOR TO PHILIP CAREY CO., AND PHILIP CAREY MFG., CO.; MADSEN & HOWELL; BABCOCK & WILCOX; OWENS-CORNING FIBERGLASS; OWENS-ILLINOIS; EAGLE-PICHER INDUSTRIES, INC., AND CLEAVER BROOKS CO., DEFENDANTS, AND H.W. PORTER COMPANY AND PORTER HAYDEN CO., DEFENDANTS-APPELLANTS. THERESA PATULLO, AS EXECUTRIX OF THE ESTATE OF NICHOLAS PATULLO, AND THERESA PATULLO, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. H.W. PORTER COMPANY; AND PORTER HAYDEN CO., DEFENDANTS-APPELLANTS, AND CELOTEX, INDIVIDUALLY AND AS SUCCESSOR TO PHILIP CAREY CO., AND PHILIP CAREY MFG., CO.; MADSEN & HOWELL; BABCOCK & WILCOX; OWENS-CORNING FIBERGLASS; AND OWENS-ILLINOIS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Alan Bart Grant argued the cause for appellant Porter Hayden Company (McCarter & English and Ozzard, Wharton, attorneys; Andrew T. Berry, Michael A. Tanenbaum and Mr. Grant, of counsel; John C. Garde and Debra M. Perry, on the brief).

Ronald B. Grayzel argued the cause for respondents Edward Goss and Theresa Patullo, Executrix of the Estate of Nicholas Patullo and Theresa Patullo, individually (Levinson, Axelrod, Wheaton and Grayzel, attorneys; Mr. Grayzel, of counsel and Pamela J. Collins Longhi, on the brief).

Before Judges MICHELS, STERN and KEEFE.

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

Defendant Porter Hayden Company (Porter Hayden) appeals from a judgment of the Law Division entered on a molded jury verdict that awarded plaintiffs Edward Goss (Goss) and Theresa Patullo individually and as executrix of the Estate of Nicholas Patullo, deceased, damages in these consolidated personal injury, wrongful death and survivorship tort actions.

Goss and Nicholas Patullo (Patullo) claimed...

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