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McLAUGHLIN v. ACME PALLET CO.

281 N.J. Super. 565 (1995)

658 A.2d 1314

DANIEL MCLAUGHLIN AND KAREN MCLAUGHLIN, PLAINTIFFS-APPELLANTS, v. ACME PALLET COMPANY AND BERRY INDUSTRIES GROUP, INC., DEFENDANTS-RESPONDENTS, AND U.S. GYPSUM, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1995.

Attorney(s) appearing for the Case

William L. Gold argued the cause for appellants (Brown, Gold & Beck, attorneys).

Michael D. Andolino, III argued the cause for respondent Acme Pallet Company.

Richard M. Chisholm argued the cause for respondent Berry Industries Group, Inc. (Sellar, Richardson, Stuart & Chisholm, attorneys; Ian C. Doris, on the brief).

Before Judges STERN, KEEFE and HUMPHREYS.

KEEFE, J.A.D.

Plaintiffs appeal from the entry of summary judgment in favor of defendants Acme Pallet Co., Inc., incorrectly pleaded as Acme Pallet Company (Acme), and Berry Industrial Group, Inc., incorrectly pleaded as Berry Industries Group, Inc. (Berry). The focal issue on appeal is whether the trial judge erred in refusing to apply the theory of alternative liability to these defendants.2 For the reasons stated herein, we conclude...

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