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MORT v. BESSER CO.

287 N.J. Super. 423 (1996)

671 A.2d 189

RICHARD AND ANN MORT, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. BESSER COMPANY, DEFENDANT-APPELLANT, AND AKRON BRICK & BLOCK CO., INC.; STANDLEY BATCH SYSTEMS, INC.; PURCHASE ENGINEERING; A. SURF ELECTRIC COMPANY, INC.; ANCHOR CONCRETE PRODUCTS, INC. (IN AID OF DISCOVERY), AND JOHN DOE I, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1996.

Attorney(s) appearing for the Case

Keith G. Von Glahn argued the cause for appellant (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Von Glahn, of counsel; John F. Tratnyek, on the brief).

David J. Ades argued the cause for respondents/cross-appellants.

Before KEEFE, WEFING and RODRIGUEZ, JJ.

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

Defendant Besser Company (Besser) appeals from the entry of judgment against it arising out of this product liability action. Besser contends on appeal that the verdict of the jury on liability is fatally inconsistent or against the weight of the evidence, and that plaintiffs failed to prove that the product was defective while in its control. Plaintiffs Richard and Ann Mort cross-appeal. They contend that there...

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