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ICABALZETA v. SEA-LAND SERVICES, INC.

143 N.J. 521 (1996)

673 A.2d 798

ALEJANDRA ICABALZETA, TO BE APPOINTED GENERAL ADMINISTRATRIX OF THE ESTATE OF FEDERICO ICABALZETA AND ALEJANDRA ICABALZETA, AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF FEDERICO ICABALZETA AND REINA ISABEL LOAISAGA, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. SEA-LAND SERVICES, INC., A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND COASTWIDE MARINE & SHIP SERVICES, INC. (FOR DISCOVERY PURPOSES ONLY), A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY AND JOHN DOE AND ABC CORP. (NAMES BEING FICTITIOUS, CURRENTLY UNIDENTIFIED OWNERS, OPERATORS AND MAINTAINERS OF A VESSEL AND ITS APPURTENANCES) AND THE M/V COMMITMENT, HER ENGINES, BOILERS AND APPURTENANCES, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 25, 1996.

Attorney(s) appearing for the Case

James W. Bartlett, III, a member of the Maryland bar, argued the cause for appellant and cross-respondent (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; William J. Riina, of counsel; Mr. Bartlett and Mr. Riina, on the brief).

Richard M. Winograd argued the cause for respondents and cross-appellants (Ginarte, O'Dwyer, Winograd & Laracuente, attorneys; Mr. Winograd and Diego F. Navas, on the brief).

PER CURIAM.

We affirm the judgment of the Appellate Division substantially for the reasons stated in its reported opinion, 276 N.J.Super. 509, 648 A.2d 279 (1994). We agree that the case presents a triable issue of fact on whether the claimed defect in the vessel was obvious and whether the vessel violated its turnover duty of safety. At the remand trial the court shall instruct the jury consistent...

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