ESTATE OF Robert FRANKL, deceased, by Administratrix of the Estate, Lori Frankl, and Lori Frankl, Eric Frankl, Ashley Frankl and Brian Frankl, Individually, and Estate of Karen Budian, deceased, by Administrator of the Estate, Gerolf O. Budian, and Gerolf O. Budian and Benjamin Budian, Individually, Garry E. Sitze and Tommye Sitze, his wife, Plaintiffs,
v.
GOODYEAR TIRE AND RUBBER COMPANY, Defendant-Respondent, and
John Doe (a fictitious name representing a class of fictitious defendants), ABC Corp. (a fictitious name representing a class of fictitious defendants), Hutchinson Industries, Inc., Hutchinson Corporation, Hutchinson, S.A., Robert Roe (a fictitious name representing a class of fictitious defendants), XYZ Corp. (a fictitious name representing a class of fictitious defendants), General Motors Corporation, Robert Doe (a fictitious name representing a class of fictitious defendants), DEF Corp. (a fictitious name representing a class of fictitious defendants), Hayes Lemmerz International, Inc., John Roe (a fictitious name representing a class of fictitious defendants) and Ghi Corp. (a fictitious name representing a class of fictitious defendants), Defendants, and
Consumers for Auto Reliability and Safety, Intervenor-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued April 27, 2004.
Decided July 28, 2004.
Attorney(s) appearing for the Case
Rebecca E. Epstein, Washington, DC, a member of the District of Columbia bar, argued the cause for appellant (Wilentz, Goldman & Spitzer, attorneys; Ms. Epstein and Jennifer Sarnelli, on the briefs).
George W. Rooney, Jr., Cleveland, a member of the Ohio bar, argued the cause for respondent (Kelly, McLaughlin & Foster, attorneys; Mr. Rooney, Robert G. Kelly, Jr., Jonathan A. Eron, Jeffrey J. Casto, a member of the Ohio bar, and Rachael L. Russo, a member of the Ohio bar, on the briefs).
Alan Y. Medvin, Newark, submitted a brief on behalf of amici curiae Public Citizen, Inc., and Center for Auto Safety (Medvin & Elberg, attorneys).
Bruce S. Rosen, Chatham, submitted a brief on behalf of amici curiae The New York Times Company, North Jersey Media Group Inc., New Jersey Chapter of the Society for Professional Journalists, New Jersey Foundation for Open Government and New Jersey Media Lawyers Association (McCusker, Anselmi, Rosen, Carvelli & Walsh, attorneys; Jennifer A. Borg, of counsel).
Anne M. Patterson and Maha F. Munayyer, Morristown, submitted a brief on behalf of amicus curiae New Jersey Defense Association (Riker, Danzig, Scherer, Hyland & Perretti, attorneys).
Anita R. Hotchkiss, Morristown, submitted a brief on behalf of amicus curiae Product Liability Advisory Council, Inc. (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss, Linda Pissott Reig and David C. Uitti, on the brief).
John F. Brenner, Newark, submitted a brief on behalf of amicus curiae Pharmaceutical Research and Manufacturers of America (McCarter & English, attorneys).
Thomas J. Cafferty and Arlene M. Turinchak, Somerset, submitted a brief on behalf of amici curiae New Jersey Press Association and Reporters Committee for Freedom of the Press (McGimpsey & Cafferty, attorneys).
Supreme Court of New Jersey.
PER CURIAM.
The full history of this case is set forth in detail in the decision of the Appellate Division. Estate of Frankl v. Goodyear Tire and Rubber Company, ___ N.J.Super. ___, ___ A.2d ___ (App.Div.2003). We recount only those facts and procedures necessary to our disposition.
In July 1997, a General Motors Suburban carrying members of the United States Air Force rolled over while traveling on a highway in Saudi Arabia. Three of...
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