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MARINELLI v. MITTS & MERRILL

303 N.J. Super. 61 (1997)

EDWARD H. MARINELLI, JR., JOHN J. PANARELLO, BARBARA L. PANARELLO, AND BARBARA DAIUTOLO, PLAINTIFFS-APPELLANTS, v. MITTS & MERRILL, A FOREIGN CORPORATION, MIL-PAC SYSTEMS, INC., A NEW JERSEY CORPORATION, ACCURATE INDUSTRIES, INC., A NEW JERSEY CORPORATION, AEROSOL TECHNIQUES, INC., A FOREIGN CORPORATION, ATLANTIC SYSTEMS SALES, INC., A NEW JERSEY CORPORATION, AND JOHN DOES 3 THROUGH 100, INCLUSIVE, FICTITIOUS NAME DEFENDANTS, JOINTLY, SEVERALLY, AND IN THE ALTERNATIVE, DEFENDANTS, AND WHITEHALL LABORATORIES, INC., A FOREIGN CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Van Syoc Law Offices, attorneys for appellants (Clifford L. Van Syoc and Anthony L. Byler, on the brief).

Lomurro, Davison, Eastman & Munoz, attorneys for respondent (Robert L. Heugle, Jr., on the brief).

Before Judges DREIER, D'ANNUNZIO and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

Plaintiffs appeal from a summary judgment dismissing their negligence claim against their employer, Whitehall Laboratories, Inc., (Whitehall), brought under the intentional injury exception to the Workers' Compensation immunity, N.J.S.A. 34:15-8. They also appeal from a summary judgment on their claim of spoliation of evidence. They further claim that...

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