MYRLAK v. PORT AUTHORITY


302 N.J. Super. 1 (1997)

JOHN MYRLAK, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND PORT AUTHORITY TRANS-HUDSON CORPORATION, DEFENDANTS-APPELLANTS, AND GIRSBERGER INDUSTRIES, INC., DEFENDANT-RESPONDENT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued March 12, 1997.

Decided May 23, 1997.


Attorney(s) appearing for the Case

Ernest Blair and Donald F. Burke argued the cause for appellants Port Authority of New York and New Jersey and Port Authority Trans-Hudson Corporation (Hugh H. Welsh, attorney; Mr. Blair, on the brief).

Michelle Wall argued the cause for respondent/cross-respondent Girsberger Industries, Inc. (Melli & Wright, P.C., attorneys; Ms. Wall, on the brief).

David L. Pennington argued the cause for respondent/cross-appellant John Myrlak (Pennington & Thompson, P.C., attorneys; Mr. Pennington and Sidney S. Liebesman, on the brief).

Before Judges SHEBELL, PAUL G. LEVY and BRAITHWAITE.


The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Plaintiff, a very large man, injured his back while seated at his work station when his chair collapsed. He sued his federally regulated employer under the Federal Employer's Liability Act (FELA), alleging negligence in supplying him with an undersized chair that collapsed and caused injuries to his back, and he sued the chair manufacturer, alleging strict...

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