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FACENDO v. S.M.S. CONCAST, INC.

286 N.J. Super. 575 (1996)

670 A.2d 44

DAVID FACENDO, PLAINTIFF-APPELLANT, v. S.M.S. CONCAST, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1996.

Attorney(s) appearing for the Case

Clark W. Convery argued the cause for appellant (Convery, Convery & Shihar, attorneys; Mr. Convery, on the brief).

Harold I. Braff argued the cause for respondent (Braff, Harris & Sukoneck, attorneys; Stephen Wellinghorst and Marc Le Mieux, on the brief; Mr. Braff, of counsel).

Before Judges SHEBELL, WALLACE and NEWMAN.

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

Plaintiff, David Facendo, filed an action against S.M.S. Concast Inc. ("Concast"), seeking damages for injuries he sustained on September 28, 1989, while employed by Raritan Steel Company ("Raritan").1 The case was tried to a jury, commencing on November 14, 1994. During trial, the judge requested proposed jury charges from both counsel. Plaintiff requested the court to charge...

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