Madeline MUISE, Individually and as owner and operator of Mediation and Therapy Associates, on behalf of herself and all other individuals and business entities similarly situated, Plaintiff-Respondent,
v.
GPU, INC., its subsidiaries, agents, servants and/or employees, and/or GPU Energy, its agents, servants, and/or employees and John Doe Manufacturers and/or Suppliers, a fictitious name denoting corporations, partnerships, or other business entities who assist or are involved in the delivery of electricity to the consumer and the manufacturers and suppliers of equipment used for the same, Defendant-Appellant.
George J. Tzannetakis, and Paula R. Zaccone-Tzannetakis, husband and wife, Anna Jacoubs, Gerald Hoy and Kathleen Hoy, husband and wife, Lloyd Vaccarelli and Dorothy Vaccarelli, husband and wife, Frank Cracolici, Marmol, Inc., d/b/a Umberto Restaurant, Warren Abrahamsen d/b/a Fairwinds Catering, C.K. Seafood, Inc., d/b/a Bayshore Fishery, Charles Kurica, Jr. and Janice Kurica, husband and wife, Foreign Cars of Monmouth, Inc., Rad Enterprises, Inc., d/b/a Krauzer Convenience Store, and Fair Haven Hardware, Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Respondents,
v.
GPU, Inc. and its Subsidiary Companies, Jersey Central Power & Light Company, GPU Generation, Inc., and GPU Service, Inc., all d/b/a GPU Energy, Defendants-Appellants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 24, 2000.
Decided June 14, 2000.
Attorney(s) appearing for the Case
Douglas S. Eakeley, for defendant-appellant GPU, Inc. (Lowenstein Sandler, attorneys; Mr. Eakeley, Peter L. Skolnik and Gavin J. Rooney, of counsel; Mr. Skolnik, on the brief).
Frank S. Gaudio, Red Bank and Gerhard P. Dietrich, Fort Washington, PA, for the Muise plaintiffs-respondents and the Tzannetakis plaintiffs-respondents (Miller & Gaudio and Daller Greenberg & Dietrich, attorneys; Mr. Gaudio, Mr. Dietrich, Scott C. Arnette, Red Bank and Alison R. Rohmer, Fort Washington, PA, of counsel; Mr. Dietrich, on the joint brief).
Susan J. Vercheak, Deputy Attorney General, for amicus curiae Board of Public Utilities (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Vercheak, on the brief).
Gregory Eisenstark, Deputy Ratepayer Advocate, for amicus curiae Division of the Ratepayer Advocate (Blossom A. Peretz, Ratepayer Advocate, attorney; Mr. Eisenstark and Diane Schulze, Assistant Deputy Ratepayer Advocate, on the brief).
Wilentz, Goldman & Spitzer, Woodbridge, for amici curiae Elizabethtown Water Company, Edison Water Company and Liberty Water Company (John A. Hoffman and Christine D. Petruzzell, of counsel and on the brief).
Eichen, Cahn & Parra, and Lombardi & Lombardi, Edison, for amicus curiae Minning/Elio's (Daniel Epstein and Scott Telson, Edison, on the brief).
Norris, McLaughlin & Marcus, Somerville, for amicus curiae National Association of Water Companies (Walter G. Reinhard, of counsel and on the brief).
LeBoeuf, Lamb, Green & MacRae, Newark, for amicus curiae New Jersey Utilities Association (Stephen B. Genzer, Newark and Colleen A. Foley, on the brief).
Before Judges KING, CARCHMAN and LEFELT.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KING, P.J.A.D.
I
In these actions, consolidated as one class-action lawsuit, plaintiffs sought damages from GPU, Inc., and related entities (defendants) for electric-service outages arising from high demand during a week-long heatwave in July 1999. Plaintiffs attributed the outages to defendants' negligence in operations, maintenance, and planning for a predictable event...
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