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AKEF v. BASF CORP.

305 N.J. Super. 333 (1997)

AHMED N. AKEF, PETITIONER-APPELLANT, v. BASF CORP. AND CELOTEX CORP., RESPONDENTS-RESPONDENTS, AND THE SECOND INJURY FUND, POTENTIAL PARTY RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1997.

Attorney(s) appearing for the Case

David Tykulsker argued the cause for appellant (David Tykulsker & Associates, attorneys; Mr. Tykulsker, Penelope Caamano and Paul C. Renner, on the brief).

John J. Jasieniecki argued the cause for respondent BASF Corp. (Thomas H. Green, attorney; Mr. Jasieniecki, on the brief).

Debra M. Perry argued the cause for respondent Celotex Corp. (McCarter & English, attorneys; John C. Garde, of counsel; Ms. Perry on the brief).

Before Judges DREIER, PAUL G. LEVY and WECKER.

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

We first considered this matter in 1994 when we held that liability for petitioner's permanent disability, based on acute bronchial asthma and its associated psychiatric disabilities, was solely the responsibility of Celotex, as his last employer, not subject to apportionment between or among BASF or The Second Injury Fund. We also held then that petitioner had proved a claim for azoospermia (sterility...

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