GOLDSON v. CARVER BOAT CORP.


309 N.J. Super. 384 (1998)

HOWARD GOLDSON AND CONTINENTAL INSURANCE COMPANY, AS SUBROGEE, PLAINTIFFS-APPELLANTS, v. CARVER BOAT CORPORATION, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO BERTRAM-TROJAN, INC., AND JOHNSON & TOWERS, INC., DEFENDANTS-RESPONDENTS, AND GENERAL MOTORS CORPORATION, BOB MASSEY YACHT SALES, INC., POINT PLEASANT IRON WORKS AND CLARK'S LANDING MARINA, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1998.


Attorney(s) appearing for the Case

Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, attorneys for appellants (Stephen J. Bernstein, on the brief).

McOmber & McOmber, attorneys for respondent Carver Boat Corporation (J. Peter Sokol, of counsel and on the brief).

Hollstein, Keating, Cattell, Johnson & Goldstein, attorneys for respondent Johnson & Towers, Inc. (E. Michael Keating, III, and James D. Lloyd, on the brief).

Before Judges BAIME, BRAITHWAITE and BILDER.


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

At issue is whether plaintiff Howard Goldson and his subrogee Continental Insurance Company (Continental) may recover from defendants Carver Boat Corporation (Carver) and Johnson & Towers, Inc. (Johnson & Towers) in negligence and strict liability for economic loss caused by a defect in a power boat that caught fire while docked at a marina. Plaintiff had purchased the boat "as is" at a public auction...

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