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FISHER v. SEARS, ROEBUCK & CO.

833 A.2d 650 (2003)

363 N.J. Super. 457

Robert L. FISHER, Sr. and Loretta Fisher, Administrator and Administratrix Ad Prosequendum and General Administrators of the Estate of Robert L. Fisher, Jr., Plaintiffs-Appellants, v. SEARS, ROEBUCK & CO., a New York Corporation, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2003.

Attorney(s) appearing for the Case

Paul Faugno, Hackensack, argued the cause for appellants (Rogan & Faugno, attorneys; Mr. Faugno, on the brief).

Edward J. Fanning, Jr., Newark, argued the cause for respondent (McCarter & English, attorneys; David R. Kott, of counsel; Mr. Fanning and Paul A. Witte, on the brief).

Michael A. Galpern, Cherry Hill (Law Offices of Gene Locks appearing amicus curiae on behalf of Association of Trial Lawyers of America, New Jersey Chapter; Mr. Galpern and Christine Klimsuk, on the brief).

McElroy, Deutsch & Mulvaney, Morristown (appearing amicus curiae on behalf of New Jersey Business and Industrial Association; Michael J. Marone and Richard J. Williams, Jr., of counsel; and on the brief).

Before Judges NEWMAN, FALL and PARRILLO.

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

Plaintiffs Robert L. Fisher, Sr., Administrator, and Loretta Fisher, Administratrix ad Prosequendum, and General Administrators of the Estate of Robert L. Fisher, Jr., appeal from entry of an order on December 12, 2001, granting summary judgment in favor of defendant Sears, Roebuck & Co. (Sears or defendant), dismissing their wrongful death action. In this appeal...

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