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ROSE ENTERPRISES v. HENNY PENNY

722 A.2d 587 (1999)

H.T. ROSE ENTERPRISES, INC. t/a Roy Rogers Restaurant, Plaintiff-Appellant, v. HENNY PENNY CORPORATION, Defendant-Respondent, and Atlantic Fire Services, Inc., and Kidde, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1999.

Attorney(s) appearing for the Case

Allan Maitlin, West Orange, for plaintiff-appellant (Sachs, Maitlin, Fleming, Greene, Wilson & Marotte, attorneys; Philip B. Harrison, on the brief).

M. Karen Thompson, Somerville, for defendant-respondent Henny Penny Corp. (Norris, McLaughlin & Marcus, attorneys; Ms. Thompson, of counsel; Ms. Thompson and Steven A. Karg, on the brief).

Before Judges BAIME, CONLEY and KIMMELMAN.

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

Plaintiff's Bordentown Roy Rogers restaurant sustained substantial damage from a fire in November 1993 that originated in one of the restaurant's deep-fat chicken fryers. The fryer was manufactured by defendant Henny Penny in 1976. Along with the entire restaurant, the fryer was purchased by plaintiff from Gino's in 1985. No evidence exists as to its use and maintenance from 1976 to 1985 while the restaurant...

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