LAPKA v. PORTER HAYDEN CO.


745 A.2d 525 (2000)

162 N.J. 545

Kazimierz LAPKA and Emilia Lapka, his wife, Plaintiffs-Appellants, v. PORTER HAYDEN COMPANY, formerly known as H.W. Porter Company and Reid Hayden, and H.M. Royal Co., Inc., Defendants-Respondents, and The Manville Corporation Asbestos Disease Compensation Fund (The Manville Fund), as the responsible designated legal entity for the liability of Canadian Johns-Manville Amiante Ltd., formerly Canadian Johns-Manville Asbestos Ltd.; Johns-Manville Sales Corporation successor to and in lieu of Johns-Manville Products Corporation; Johns-Manville Canada Inc., formerly known as Canadian Johns-Manville Co. Ltd.; Johns-Manville Corporation; Union Carbide; Whitaker, Clark & Daniels; John Doe Corporations (a fictitious name representing one or more corporations and/or companies engaged in the business of manufacturing, supplying and distributing asbestos containing products, fibers and dust); and Richard Roe Corporations (a fictitious name representing one or more general contractors at the plaintiff's places of employment) and Judy Doe Corporations (a fictitious name representing one or more legal entities who stand in the shoes of John Doe, Richard Roe either as successor in interest, alter ego or by other equitable doctrine which makes them responsible for the John Doe liability), Defendants.

Supreme Court of New Jersey.

Decided February 24, 2000.


Attorney(s) appearing for the Case

Carl W. Swanson, East Brunswick, for plaintiffs-appellants (Lynch Martin Kroll, attorneys).

John C. Garde, Newark, and Terrence Smith, East Hanover, for defendants-respondents (McCarter & English, attorneys for Porter Hayden Company and McGivney & Klugler, attorneys for H.M. Royal Co., Inc., attorneys; Mr. Garde, Mr. Smith and Debra M. Perry, of counsel; Paul L. Kattas and Edward R. Schreiber, III, Newark, on the briefs).


The opinion of the Court was delivered by VERNIERO, J.

Plaintiffs Kazimierz Lapka and his wife, Emilia Lapka, commenced this action by filing a complaint in the Law Division on March 24, 1988. (In this opinion, the singular plaintiff refers to Kazimierz Lapka.) The complaint alleges injury caused by occupational exposure to asbestos.

We are called on to determine whether the action is barred by the two-year statute of limitations found at N.J.S.A. 2A...

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