EBERT v. SOUTH JERSEY GAS CO.


307 N.J. Super. 127 (1998)

JOHN J. EBERT AND FRANCES A. EBERT, HIS WIFE, AND FRANCES ANNA EBERT, THEIR DAUGHTER, PLAINTIFFS, v. SOUTH JERSEY GAS COMPANY, A PUBLIC UTILITY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT. R & T CASTELLINI COMPANY, DEFENDANT, v. J.F. KIELY CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1998.


Attorney(s) appearing for the Case

Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys for appellant (Gerard W. Quinn, on the brief).

Savio, Reynolds & Drake, attorneys for respondent (James P. Savio, on the brief).

Before Judges PRESSLER, CONLEY and CARCHMAN.


The opinion of the court was delivered by CARCHMAN, J.S.C. (temporarily assigned).

This appeal requires us to decide whether a ninety-foot underground natural gas service line or "lateral" leading from a main gas line located in a public street to a private residence is "an improvement to real property." By deciding this question in the affirmative, we conclude that it is, and, therefore, the installer of the lateral is protected by the ten-year statute of repose...

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